LIBRARY OF CONGRESS. 



m. 



UNITED STATES OF AMERICA. 



iM. 



THE 



GAME LAW S 



OF THE 



State of New York, 



Revised to July, 1885. 



("'. OEPA 



J'/ WASt-* 



PUBLISHED UNDER THE AUSPICES OF 



The .\nglers' Association of St. Lawrence River. 



COMI'lLED KY ITS COUNSEL, 

FRANKLINM. DANAHER, 
Albany, N. Y. 



/ji^^^^/ a 



NEW YORK: 

THE AMERICAN ANGLER 
No. 252 Broadway. 
1885. 



^Xa?^ 







COPYRIGHTED 



THE ARGUS COMPANY, 

PRINTERS AND ELECTKOTYl'ERS, 
ALBANY, N. Y. 



Officers and Members 



OF 



The ANGLERS' Association of the St. Lawrence River. 



Incorporated February 27, 1884. 



O F KIC ERS. 

Pkesident: 
JOHN J. FLANAGAN, Utica, N. Y. 

Vice-President : 
H. R. CLARKE, Jersey City, N. J. 

Second Vice-President : 
G. M. SKINNER, Clayton, N. Y. 

Secretary : 
W. W. BYINGTON, Albany, N. Y. 

Treasurer : 
WILLIAM STORY, Albany, N. Y. 

Counsel : 
F. M. DANAHER, Albany, N. Y. 



E >L E C U X I \' K 

J. H. Quinby, Chairman, Albany, N. Y. 

Myron P. Bush, Buflfah^, N. Y. 

H. H. Warner. Rochester, N. Y. 

Theo. Butterfield, Utica, N. Y. 

Cliarles H. Ballou, Utica, N. Y. 

J. H. Brovvnlovv, Ogdensburg, N. Y. 

H. S. Chandler, New York city. 



COMNIITTEE. 

A. R. L. Norton, New York city. 

H. E. Morse, Clayton, N. Y. 

William B. Wise, Paris, Texas. 

W. B. Phelps, Oswego, N. Y. 

W. G. Deshler, Columbus, Ohio. 

W. H.Thompson, Alexandria Bay, N.Y. 

Fred. E. Comstock, Rome, N. Y. 



HONORAHY Tvl E NI B E R S . 



Hon. Grover Cleveland. 

A. N. Cheney, Glens Falls, N. Y. 



Dr. J. A. Hensliall, Cynthiana, Ky. 
H. E. Morse, Clayton, N. Y, 



Commissioners op Fisheries, ex-opficio. 



R. U. Sherman, New Hartford. N. Y. 
Edwin M. Smith, Rochester, N. Y. 
Eugene G. Blackford, New York city. 



R. B. Roosevelt, New York city. 
Setb Green. Supt., Rochester, N. Y. 
Fred. Mather, Supt. , Cold Spring, N. Y. 



Officers and Members of the 



E. Anthony, New York city. 
H. C. Albright, Utica, N. Y. 
J. 0. Alguire, Cornwall, Ont. 

F. E. Armstrong, Rome, N. Y. 
"W. W. Byington, Albany, N. Y. 
M. P. Bush, Buffalo, N. Y. 
John W. Bush. Buffalo, N. Y. 
Charles H. Ballou, Utica, N. Y. 
Theo. Butterfield, Utica, N. Y. 
J. H. Brownlow, Ogdensburg, N. Y. 
D. C. Bennett, Albany, N. Y. 
Franklin Brandeth, Sing Sing, N. Y. 
A. D. Barber, Utica, N. Y. 
P. B. Brayton, Syracuse, N. Y. 
.1. N. Babcock, Syracuse, N. Y. 
Gilbert Bradford, Watertown. N. Y. 
F. L. Bones, Cartilage, N. Y. 
Wm. M. Buell, Wellesley House, T. I. P. 
H. R. Clarke, Jersey City, N. J. 
H. S. Chandler. New York city. 
C. Crossman, Alexandria Bay, N. Y. 
C. W. Crossman, Alexandria Bay, N. Y. 
F. E. Comstock, Rome, N. Y. 
William P. Carpenter, Ulica, N. Y. 
S. L. Comstock, Syracuse, N. Y. 
A. C. Cornwall, Alexandria Bay, N. Y. 
William J. Cassard, New York city. 
J. Ballard Carroll, Albany, N. Y. 
F. E. Carroll. Syracuse, N. Y. 
A. E. Clark, Chicago, 111. 

F. M. Danaher, Albany, N. Y. 
L. G. Dodge, Poughkeepsie, N. Y. 

G. de Cordova, New York city. 
W. G. Deshler, Columbus, Ohio. 
J. Henry Danziger, Syracuse, N. Y. 
H. E. De Rivas, New York city. 
F. D. Divine, Utica, N. Y. 
Royal E. Deaue, New York city. 
Henry Desyaw, Alexandria Bay, N. Y. 
Adrien C. d'Henzel, Hartford, Conn. 
Charles G. Emery, New York city. 
James Eaton, Utica, N. Y. 
Charles A. Ellis, Clayton, N. Y. 
William P. Esterbrook, New York city. 
Samuel Ehrich, New York city. 
L. Edgerly, Alexandria Bay, N. Y. 
J. J. Flanagan, Utica, N. Y. 



BKRS. 

' William Frisbie, New York citj^ 
W". J. Florence, New York city. 
E. C. Fitzsimons, Albany, N. Y. 
John Foley, Clayton, N. Y. 
Roswell P. Flower, New Yoik city. 
Walter Fox, Alexandria Bay, N. Y. 
J. S. Farlee, New York city. 
Charles C. Gay, Albany, N. Y. 
Eugene H. Gross, Albany, N. Y. 
■J. C. Greenman, Utica, N. Y. 
T. W. GrifHth, Newark, N. J. 
Charles C. Goffe, New York city. 
Fred. G. Gedney, New York city. 
Charles K. Grannis, Utica, N. Y 
A. A. Gaddis, Ogdensburg, N. Y. 
James T. Hubbard, Clayton, N. Y. 
John L. Ilasbrouck, New York city. 
P. W. Hasbrouck, New York city. 
George S. Hasbrouck, New York city. 
John B. Hamilton, New York city. 
L. D. Hoard, Ogdensburg, N. \ . 
William C. Harris, New York city. 

C. I. Hudson, New York city. 
H. O. Hall, Rochester, N. Y. 
W. Halberton, New York city. 
Patrick C. Hayes, Clayton, N. Y. 

D. H. Hotchkiss, Syracuse, N. Y. 
A. Hinckle, Albany, N. Y. 

G. R. Hanford, Watertown, N. Y. 
George Hall, Ogdensburg, N. Y. 
Charles T. Howe, Chicago, 111. 
Henry R. Heath, Brooklyn, N. Y. 
Nathaniel W. Hunt, Brooklyn, N. Y. 

E. K. Hart, Albion, N. Y 
M. B. Hill, Clayton, N. Y. 

Wm. B. Hayden, Columbus, Ohio. 
Charles F. Imbrie, New York city. 
S. D. Johnston, Clayton, N. Y. 
John T. Johnson, Albany, N. Y. 
Thomas Jeffers, Albany, N. Y. 
Beverley Jones, Brockville, Ont. 
Edward King, New York city. 
Fred. Kamp, Utica, N. Y. 
E. Keator, Cortland, N. Y. 
W. J. Lewis, Pittsburg, Pa. 
William G. Lloyd, Milieu's Bay, N. Y. 
Conrad Loos, Syracuse, N. Y. 



Anglers' Association of St. Lawrence River. 



F. L. Mix. Albany, N. Y. 
Arthur L. Merriman, New York city. 
Robert Micldleton, Utica, N. Y. 
E. A. Myers, Pittsburg, Pa. 
A. N. Martin, New Yorlc city. 
John B. McHarg, Rome, N. Y. 
George R. Meneely, Albany, N. Y. 
George A. May, Booneville, N. Y. 
T. B. Mills, New York city. 
Benjamin INIoore, Sing Sing, N. Y. 
R. G. McCord, New York city. 
A. R. L. Norton, New York city. 
George W. Nicholas, New York city. 

D. W. Northrup, Utica, N. Y. 
W. T. Niswanger, Clayton, N. Y. 
Meyer Nussbaum, Albany, N. Y . 
W. S. Neilson, New York city. 

T. O' Byrne, Albany, N. Y. 
Thomas R. Proctor, Utica, N. Y. 
Merritt Peckham, Utica, N. Y. 
Fred. J. Pratt, Utica, N. Y. 
William Powe, Ansonia. Conn. 

E. R. Plumb, Syracuse, N. Y. 
Daniel Pratt, Syracuse, N. Y. 
Sidned Patterson, Rockport, Ont. 

A. J. Post, Jersey City, N. J. 
John H. Quinby, Albany, N. Y. 

J. Livingston Reese, Albany, N. Y. 
John H. Reed, New York cit3\ 
John Rice, Albany, N. Y. 

F. H. Rockwell, Clarendon, Pa. 

B. F. Reese, Albany, N. Y. 

H. A. Redfield, Hartford, Conn. 

F. G. Ringgold, Cincinnati, Ohio. 
William Story, Albany, N. Y. 
James T. Story, Albany, N. Y. 
R. R. Story, Albany, N. Y. 

G. M. Skinner, Clayton, N. Y. 
W. Niles Smith, Clayton, N. Y. 
James C. Spencer, New York city. 
Charles Strauss, New York city. 
Gen. D. B. backet, Washington, D. C. 
Jean R. Stebbins, Little Falls, N. Y. 



Wra. R. Stewart. New York city. 
H. E. Sickles, Albany, N. Y. 

E. L. Sargent, Watertown, N. Y. 
H. Sporborg, Albany, N. Y. 
Henry P. Sondheim, New York city. 
O. G. Staples, Washington. D. C. 
Theo. Scott, New York city. 
Joseph I. Sayles, Rome, N. Y. 
Solon B. Smith, New York city. 
Daniel Storms, Alexandria Bay, N. Y. 
Henry Stadler, Jersey City, N. J. 
Gideon Sheppard, Alexandria Bay, N.Y. 
R. H. Southgate. Saratoga Springs, N.Y. 
William P. Shepard, Utica, N. Y. 
Charles B. Tillinghast, Albany, N. Y. 
H. H. Thompson, New York city. 

H. O. R. Tucker, Utica, N. Y. 
G. W. Thorne, Clayton, N. Y. 
Thomas Tileston, New York ci'tj'. 

F. L. Upton, Boston, Mass. 
Irving G. Vann, Syracuse, N. Y. 
H. Van Wagenen, New York city. 
John P. Vidvard, Utica, N. Y. 

A. C. Van Gaasbeek, Albany, N. V. 
William Visger, Alexandria Bay, N. Y. 
Arthur D. Williams, New York cxiy. 
Charles T. Wing, New York city. 
R. S. Whitman, Little Falls, N. Y. 
J. F. Walton, Alexandria Bay, N. V. 
A. Wilkinson, Syracuse, N. Y. 
H. H. Warner, Rochester, N. Y. 
Daniel D. Wylie, New York city. 
A. J. Wright, Buffalo, N. Y. 
George H. Weagant, Cornwall, Ont. 
E. Stuart Williams, Rome, N. Y. 
Clarence E. Williams, Rome, N. Y. 
Ignatius Wiley, Albany, N. Y. 
Louis I. Waldmann, Albany, N. Y. 
E. B. Warren, Philadelphia, Pa. 
Christopher Wolfe, New York city. 
Otis E. Young, Elyria, Ohio. 
O. Young, Elyria, Ohio. 



6 Officers and Members of Anglers'' Association. 

The State Game and Fish Protectors are also Honorary Members, 

ex-officio, as follows: 

William N. Steele Clayton, Jefferson county, 

Seymour C. Armstrong Weavertown, Warren county. 

Thomas Bradley Rockwood, Fulton county. 

George W. Whitaker Southampton, Suffolk county. 

Francis Wood Schoharie, Schoharie county. 

J. H. Wood, Jr King's Bridge, Westchester county. 

Stephen A. Roberts Buffalo, Erie county. 

William H. Lindley Canastota, Madison county. 

Aaron M. Parish Reading, Schuyler county. 

Nathan C. Phelps Renisen, Oneida county. 

Peter R. Leonard Ogdensburg, St. Lawrence coimty. 

John Liberty Elizabethtown, Essex county. 

Matthew Kennedy Hudson, Columbia county. 

George M. Schwartz Rochester, Monroe county. 

John N. Brinkerhoff Booneville, Oneida cnunty. 

Fred. P. Drew Washington Mills, Oneida county. 



NOTE. 



This book is simply a compilation of existing statutes on fish and game, made 
with intent to place in convenient form, for those interested, the latest legislative 
expression on these changeable and too much amended laws. 

Prior to 1879 there were about two hundred different laws on the subject. It 
seemed as if each pond in the State appealed at a different time to the Legislature 
for protection, and received it, until confusion was worse confounded. This 
was, to a great extent, remedied by the Game Code, established by the Legisla- 
ture in 1879, which repealed all existing laws for the protection of fish and game 
inconsistent with its provisions. 

But the trouble is beginning again, and the Legislature, by passing special laws 
for particular localities by separate enactment, and not by way of amendment 
to the General Law, will S(.)on remand the subject to its former chaotic state. 

Each county is authorized to enact and enforce its own laws, not inconsistent 
with the general laws, for the protection of fish and game within its territorial 
jurisdiction. These laws, if any there be, with other legislative local acts, are 
not within the scope of this compilation, and inquiries must be made at the 
county seats for them. 

The game laws are constitutional and enforceable. Li Phelps v. Racey (60 
N. Y., 10) the Court of Appeals decided that the Legislature had full power to 
pass laws for the protection of game ; that fliey were not in conflict with the 
provisions of the State Constitution (Const., art. 1, sec. 6) declaring that no per- 
son shall be deprived of property, etc., without due process of law, if property 
in the same was acquired after the passage of the act ; nor in conflict with the 
Constitution of the United States (U. S. Const., art. 1, sec. 8, subd. 3) which 
authorizes Congress to regulate commerce among the States, and that a person can 
be punished for having in possession fish or game during the closed season, 
although killed at a time when, by the act, the killing is not prohibited, or brought 
into this from another State where there is no such prohibition. (See Smith v. 
Levinus, 8 N. Y., 473; IManger v. People, 97 111., 830, 333, 337; Taylor v. 
Rogers, 45 L. T. R. [N. S.], 311 ; 1 Kent Com., 439 ; Coraraonweallh v. Hall, 
138 Mass., 10, contra, but see cases cited in note to same as reported in 35 Am. 
Hep., 387, 390.) This penalty is enforceable, no matter where or when or how 
innocently the party came into possession of the prohibited article. 

In Bellows v. Elmendorf (7 Lans., 4(i3) the defendant purchased the carcass 



8 Note. 

and skin of a deer, -wbich had been killed in violation of the statute, at a con. 
stable's sale, under a judgment in his favor against the party who had killed the 
same, and after the purchase, on the same day, sold the carcass and skin to 
another person. Held, he was liable to the penalty for exposing for sale and 
having in his possession any green deer skin or fresh venison during the closed 
season, the court saying that the person who takes the property takes it subject 
to the penalty and the risk of being subjected to the consequences of subse- 
quently having the same in his possession and of exposing the same for sale ; 
that the plain import of the act tended to show that the Legislature intended to 
prevent any evasion, and to make all persons liable who had possession of or 
exposed such property for sale. 

These laws are highly penal in their character, and are as comprehensive as 
the nature of the evils to be remedied will permit. 

Societies for the protection of game are encouraged, and every inducement 
offered by way of rewards and a division of penalties recovered for a thorough 
enforcement of the statutes. Laws similar in intent have been passed in all civil- 
ized countries from the earliest times, not for sporting purposes alone, but on 
political and economic grounds, to preserve and foster a cheap and easily attain- 
able food furnished by nature, and they are sustainable against all attacks for 
that reason. (2 Blacks. Com., 411 ; 4 id., 175.) 

If illegal fishing and hunting still continues it is not the fault of the Legisla- 
ture nor of the law. There is an abundance of the latter article. For the 
enforcement of the game laws every person in the State is vested with special 
and extraordinary powers. If the laws are not executed by the proper oflicers, 
let the citizens organize or individually attend to the matter. They will find 
ample authority and protection for their legal acts, and sufficient reward in pen- 
alties to be recovered to compensate them for their trouble. The destruction of 
nets wherever found, constant vigilance and patrol of suspected waters, and a 
vigorous prosecution of the slightest infringement of the laws, especially among 
sportsmen, by way of example, will soon make the game laws respected and 
their enforcement a comparatively easy task. 



The Game Laws 



OF THE 



State ok New York 



The General Law, as Amended to Date. 



Chap. 534 of the Laws of 1879. 

AN ACT for the preservation of Moose, Wild Deer, Birds, 

Fish and other Game. 

Passed June 20, 187d. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows : 

Section 1. No person shall kill or chase any wild deer in any Kiiimgof 
part of the State, save only daring the months of August, Septeni- ''®*"'' 
ber, October and November in any year. No person, corporation, 
association or company shall sell, expose for sale, transport, or 
have in his or her possession, in this State, after the same has been 
killed, any wild deer or fresh venison, save only daring the months 
of August, September, October and November. No persons shall, at saieorpos- 
any time, in this State, kill any fawn during the time when it is dee"orvin- 
in its spotted coat, or have in his or her possession, tlie carcass or i^°n. 
skin of any such fawn after the same shall have been killed. No ^*^"8- 
person shall, in any part of this State, set any trap, spring gun or us>eof 
other device, at any artificial salt lick or other place for the purpose ppX'g .'un 
of trapping and killing wild deer. It shall not be lawful to pursue «>'<=• 
deer with dogs in any county of this State, except from tlie fifteenth 
day of August to the first day of November. It shall not be law- Pursuino: 
ful to pursue deer with dogs in the county of St. Lawrence at any ^'^ °^*' 
time. It shall be lawful for any person to shoot or kill any dog 
while in actual pursuit of any deer in violation of the provisions of 
this act. It shall not be lawful for any person to kill, .or cause to Deer in 
be killed, any wil(l deer in the counties of Suffolk and Queens, at oJifeHs.""^ 
any time within five years from the passage of this act. Any 
person offending against any of the preceding provisions of this 
section shall be deemed guilty of a misdemeanor, and in addition 
thereto shall be liable to a penalty ol fifty dollars for each wild Penalty. 
deer or lawn so killed, or pursued or trapped, and tor every spring 
gun so set, or wild deer or fawn skin or fresh venison had in his or 



10 



Tbk Game Laws of the 



Moose. 



Penalty. 



Crusting or 

yarding 

deer. 



Penalty. 



Wild duck, 
gooee or 
brant. 



Killing 
same be- 
tween sun- 
set and 
daylight. 



Killing 

same 

by swivel or 

punt gun. 



Penalty. 



Floating 
batteries, 
decoyp, etc. 
prohibited. 



her possession, and may be proceeded against therefor in any county 
of the State in wliich the offender or prosecutor may reside.* 

§ 2. No person shall at any time or place within this State, take, 
chase with dogs, or kill any moose, nor shall any person sell or 
expose for sale or have in his or her possession, any moose after 
the same has been so taken or killed. Any person violating this 
section shall be deemed guilty of a misdemeanor, and in addition 
thereto siiall be liable to a penalty of fifty dollars for each offense. 

§ 3. No person shall kill wild deer by crusting, or enter any 
place where wild deer are yarded with the intent to kill or destroy 
the same at any time. Any person offending against any of the 
provisions of this section shall be deemed guiltv of a misdemeanor, 
and in addition thereto shall be liable to a penalty of one hundred 
dollars for each wild deer so killed or destroyed. 

§ 4. No person shall kill, or expose for sale, or have in his or her 
possession, after the same has been killed, any wild duck, goose or 
brant in any of the waters of this State, between the first day of 
May and the first day of September, except that in the waters of 
Long Island none of said birds shall be killed between the first day 
of May and the first day of October. Any person violating any of 
the provisions of this section shall be deemed guilty of a misde- 
meanor, and in addition thereto shall be liable to a penalty of 
twenty-five dollars for each and every wild duck, goose or brant 
killed, or had in his possession ; and any person who shall, at any 
time kill any of said birds between sun-set and day-light or pursue 
or fire at any of said birds with the aid of any light or lantern, shall 
be deemed guilty of a misdemeanor, and in addition thereto shall 
be liable to a penalty of fifty dollars for each offense against this 
provision. And any person found between sunset and sunrise on 
the water with a gun and lantern in the act of attempting to pursue, 
fire at, or kill any such birds, shall be deemed guilty of a violation 
of this section. 

§ 5. No person shall, at any time, kill any wild duck, goose or brant, 
with any device or instrument known as a swivel or punt gun, or 
with any gun other than such guns as are habitually raised at arm's 
length and tired from the shoulder, or use any net, device or 
instrument, or gun other than aforesaid, with the intent to capture 
or kill any such birds. Any person violating any of the provisions 
of this section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of fifty dollars. 

§ 6. No person shall use any floating battery, machine or other 
device, whereby the gunner is concealed, for the purpose of killing 
any wild fowl, or shoot out of any such floating battery, machine 
or device, at any wild goose, brant or duck, in any of the waters- of 
this State, or use any decoy or construct any bow-house, at a greater 
distance than twenty rods from the shore, for the purpose of shooting 
at or killing any such birds. Any person violating any of the 



* Amended by chapter 557, Laws 1885, page 44. 



State of New York. 11 

provisions of this section shall be deemed guilty of a misdemeanor, p^^^^y 

and in addition thereto shall be liable to a penalty of fifty dollars 

for each offense. But nothing in this section shall apply to the Exceptions. 

waters of the Great South bay, west of Smith's point, or the waters 

of Peconic bay, or Shinnecock bay, or Lake Ontario, or the river 

St. Lawrence, or the Hudson river below Albany. 

§ 7. No person shall sail for any wild fowl, or shoot at any wild ^'^i^>"|jf°'g^ 
goose, brant or duck from any vessel propelled by steam or sails or duck or 
from any other structure attached to the same, in any of the waters Exc'eptions. 
of this State, except Long Island Sound, Lake Ontario, and the 
Hudson river below Nyack. Any person violating any of the 
provisions of this section shall be deemed guilty of a misdemeanor, 
and in addition shall be liable to a penalty of ten dollars. 

§ 8. No person shall kill, expose for sale, or have in possession Quail, 
after the same has been killed, any quail, between the first day of 
January and the first day of November, except as hereinafter pro- 
vided ; no person shall kill, or expose for sale, or have in possession Hare or 
after the same has been killed, any hare or rabbit, between the ^"^^'^■ 
first day of February and the first day of November, nor at any 
time, kill or hunt any hare or rabbit with ferrets. This shall not owners of 
prevent the owners or occupants of nurseries or orchards, in any and 
of the counties of this State, from trapping or hunting hares or »»''«'e"«8- 
rabbits, with ferrets or otherwise, within the limits of said nur- 
series or orchards, or any forest or field adjoining such nurseries 
or orchards, and the possession of any hare or rabbit may be 
excused by any person proving the same to have been caught or 
killed within the limits aforesaid. No person shall kill any quail 
in the counties of Montgomery, Schenectady, Saratoga or Albany, 
within two years from the passage of this act. Any person vio- Penalty, 
lating either of the provisions of this section shall be deemed 
guilty of a misdemeanor, and in addition thereto, shall be liable 
for any violation of the first provision to a penalty of twenty-five 
dollars for each quail, hare or rabbit so killed, exposed for sale, or 
had in possession. (As amended by chap. 584, Laws 1880.) 

§ 9. No person shall kill or expose for sale, or have in his or her woodcock, 
possession after the same has been killed, any woodcock, between 
the first day of January and the first day of September, in the 
counties of Oneida and Delaware, and in other parts of the State, 
between the first day of January and the first day of August in 
each year, except as hereinafter provided. It shall not be lawful B^ackand 
for any person to kill or expose for sale, or to have in his or her squirrels, 
possession after the same has been killed, any black or grey squirrel, 
between the first day of February and the first day of August in 
each year. Any person violating either of the provisions of this penalty, 
section shall be deemed guilty of a misdemeanor, and in addition 
thereto, shall be liable to a penalty of twenty-five dollars for each 
bird or animal so killed or had in possession. (As amended by 
chap. 269, Laws 1884.) 



12 



Ihe Game Laws of the 



Partridge. 



Prairie 
chicken. 

Penalty. 



Netting, 
etc., of 
grouse. 



Quail.1 



Selling 
same. 



Penalty. 



Nets may 
be 

destroyed. 

Eagles, 
song birds, 
etc. 



Penalty. 



Robins, 
larks and 
starlings. 



Penally. 



Exceptions. 



Wild birds, 
robbing 
nests of. 



Penalty. 



Trespass- 



§ 10. No person shall kill or expose for sale, or have in his or 
her possession, after the same has been killed, any riifFed grouse, 
commonly called partridge; or pinnated grouse, commonly called 
prairie chicken, between the first day of January and tlie first day 
of September, except as hereinafter provided. Any person violat- 
ing any of the provisions of this section shall be deemed guilty of 
a misdemeanor, and in addition thereto shall be liable to a penalty 
of twenty-five dollars for each bird so killed or had in possession. 

§ 11. No person shall, at any time or place within this State 
take or kill any ruffed grouse, commonly called partridge, or any 
pinnated grouse, commonly called prairie chicken, or any spruce 
grouse, commonl}' called Canada partridge, or any quail, with any 
net, trap or snare or set any such net, trap or snare for the purpose 
of taking or killing any such birds; nor shall any person willfully 
sell or expose for sale, or have in his or her possession any of the 
said birds after the same shall have been so taken or killed. Any 
person violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and in addition thereto shall be 
liable to a penalty of ten dollars for each bird so taken and killed 
or had in possession. And it shall be lawful for any person to take 
and destroy any such nets,, traps or snares whenever found set. 

§ 12. No person shall, at any time in this State, kill or expose 
for sale, or have in possession after the same is killed, any eagle, 
woodpecker, night-hawk, yellow bird, wren, martin, oriole, or any 
song bird, under a penalty of five dollars for each bird so killed or 
exposed for sale or had in possession. (As amended by Laws of 
1880, chap. 584.) 

§ 13. No person shall kill or expose for sale or have in pos- 
session after the same has been killed, any robin, meadow lark or 
stai'ling, save only during the months of October, November and 
December, under a penalty of five dollars for each bird so killed; 
exposed for sale, or had in possession. (As amended b}' Laws of 
1880, chap. 584.) 

§ 14. The last two sections shall not apply to any person who 
shall kill any bird for the purpose of studying its habits or history, 
or having the same stufted and set up as a specimen, or to any 
person who shall kill on his own premises any robins in the act of 
destroying fruits or grapes. 

§ 15. No person shall willfully destroy or rob the nest of any 
wild birds Avhatever, except crows, blackbirds, hawks and owls, 
save only where it may be necessary to protect dwelling-houses or 
prevent their defacement. Any person violating this section shall 
be deemed guilty of a misdemeanor, and in addition thereto shall 
be liable to a penalty of five dollars for each offense. 

§ 16. An}' person who shall knowingly trespass upon inclosed or 
cultivated lands, for the purpose of shooting or hunting any game 
protected by this act, or shall take any fish from private ponds or 
private streams not stocked in whole or in part by the State, -or 



State of New York, 13 

after public notice has been given by the owner or occupant thereof. Notice, 
or person, association or corporation hiring or leasing the exclusive 
right to shoot or hunt thereon or fish therein from the owner or 
occupant, as provided in the following section, shall be liable to 
such owner or occupant, " or person, association or corporation," 
in addition to the actual damages sustained, exemplary damages to 
an amount not exceeding twenty-five nor less than fifteen dollars. Penalty. 
(As amended, chap. 243, Laws 1885.) 

§17. The notice referred to in tlie preceding section shall be Notice not 
given by erecting and maintaining sign-boards, at least one foot ° respasb. 
square, upon at least every fifty acres of land upon or near the lot 
lines thereof, or upon or near the shores or banks of any lake, 
stream or pond, in at least two conspicuous places on premises, or 
by the personal service upon any person of a written or printed 
notice containing a brief description of the premises, the name of 
tlie owner or person in possession thereof, and such notice to have 
appended thereto the name of the owner or occupant, or person, 
association or corporation having the exclusive right to shoot or 
hunt thereon or fish therein. Any person who sliall tear down or penalty for 
in any way deface or injure any such sign- board, shall be guilty of gam""^' 
a misdemeanor, and in addition thereto, shall be liable to a penalty 
of twenty-five dollars. (As amended, cliap. 243, Laws 1885.) 

§ 3. Nothing in this act contained shall be construed as author- state iand» 
izing the leasing of any of the lands or waters belonging to the not*tobe* 
State, to any person, association or corporation for a fish or game i^^^^d. 
preserve, except for fish hatching purposes. (Added by chap. 243, 
Laws 1885, in act amending §§ 16 and 17.) 

§ 18. jSo person shall at any time kill or catch or attempt to Trout and 
kill or catch any speckled trout, brook trout, salmon trout or land- bt'mken" 
locked salmon, with any device save that of angling with line, or l^J^^ 
rod held in the hand, except in Lake Ontario and the Niagara 
river and in waters which are wholly private, and in the latter on]}' 
then by permission of the owner thereof; nor sliall any person set 
or draw any net or seine, or use any set line or set pole in any lake, 
pond or stream inhabited by speckled trout, brook trout, or salmon 
trout or land-locked salmon, except in the waters of Lake Ontario; 
but no net shall be set within one mile of the mouth of the Oswego 
river, or have on the shores or waters thereof, except said Lake 
Ontario, any net, seine, set line or other unlawful device for the 
taking uf fish, except as above provided. And no person shall at 
any time or in any way, catch or attempt to catch any speckled or 
brook trout, or salmon trout, or land-locked salmon, through the 
ice, except in Lake Ontario and the Niagara river, and in waters 
wholly private. Any person who shall ofi'end against any of the Penalty, 
provisions of this section shall be deemed guilty of a misdemeanor, 
and in addition thereto shall be liable to a penalty of twenty-five 
dollars for any offenses against any of the provisions of this sec- 
tion, and ten dollars additional for each fish taken. All nets, 



14 



The Game Laws of the 



Nets, etc., 
contraband 
and may be 
destroyed. 



Private 
waters. 



Salmon and 
trout, when 
may be 
caught. 



Size of 
trout. 



Cannot be 
taken for 
stocking. 



Penalties. 



Except by 
State. 



seines and other devices forbidden by this section to be used are 
hereby declared to be nuisances and contraband ; and any person 
finding the same in any place where they are forbidden to be used 
is authorized to destroy such contraband articles, and no action for 
damages shall lie against him for such destruction. The phrase 
"private waters" is hereby defined for purposes of this and the 
next section only, to mean ponds or streams fed wholly by artificial 
sources, or by springs existing upon the same farm or tract belong- 
ing to the owner or proprietor thereof; or waters brought by arti- 
ficial pipes, or channels other than natural, into artificial ponds or 
reservoirs of the owner or proprietor. (As amended by chap. 121, 
Laws 1885.) 

§ 19. No person shall catch, or attempt to catch, or kill or expose 
for sale, or have in possession after the same has been caught or 
killed, any speckled trout, brook trout or land-locked salmon, save 
only from the first day of May to the first day of September in 
each year, except in the counties of Queens and SuflFolk, where it 
shall be from the first day of April to the first day of September in 
each year. Any person who shall at any time catch or take any 
California trout, speckled trout, brook trout or salmon trout, or 
land-locked salmon from any of the waters of this State, less than 
six inches in length, shall immediately place such trout back in the 
waters from which it was taken, and shall use due care not to kill 
or injure the same. Nor shall any person sell, or expose for sale, 
any of said fish less than six inches in length. No person shall at 
any time take or catch any speckled trout, brook trout, salmon trout 
or California trout from any of the waters of this State for the pur- 
pose of stocking a private or public pond or stream, except in the 
waters of Lake Ontario. No person shall at any time willfully 
molest or disturb anv of the fish mentioned in this section, while 
they are upon their natural spawning beds during the spawning 
season, except in the waters of Lake Ontario ; nor shall any per- 
son take any of said fish, or any spawn or milt from any of said 
fish while upon their natural spawning beds in any of the waters 
of this State (except such as are wholly private). Any person vio- 
lating any of the provisions of this section shall be deemed guilty 
of a misdemeanor, and in addition thereto shall be liable to a pen- 
alty of ten dollars for an attempt and ten dollars for each fish so 
caught, killed, exposed for sale, or had in possession during the 
prohibited season aforesaid ; a penalty of ten dollars for each fish 
sold or exposed for sale oi less than six inches long as aforesaid ; 
and a penalty of fifty dollars for disturbing or molesting fish upon 
the spawning beds, or taking spawn or milt therefrom, with ten 
dollars additional for each fish taken thereon. The foregoing pro- 
visions are not to apply to the operations of Slate or public hatch- 
eries, or to the artificial propagation of said fish by State or public 
authority ; nor to the taking, transportation or possession of fish- 
fry, thus artificially propagated or distributed for stocking.of 



State of New York, 



15 



waters. Owners or proprietors of private hatcheries are also 
exempted therefrom to the extent to enable them to take fish, 
spawn or milt in their own private waters, for purposes of artificial 
propagation, inclusive of the sale, transportation and possession of 
fish-fry or spawn thus obtained or propagated for purposes of 
stocking waters. In all other respects these provisions are to 
apply. No officer of the State, nor any person shall place or 
deposit in any of the waters of the Adirondack region of this 
State (so called) any fish or fish-fry, or any spawn or milt except 
speckled trout, brook trout, salmon trout, California trout, or land- 
locked salmon, unless the fish so deposited or placed in such waters 
are indigenous to the particular water wiiere placed, except that 
non-preying or non-destructive fish, such as usually constitute food 
for the species above named, may be therein placed. Any person 
offending against this provision shall be guilty of a misdemeanor, 
and in addition thereto shall forfeit a penalty of fifty dollars for 
each fish or spawn deposited in violation thereof. (As amended 
by chap. 121, Laws 1885.) 

§ 20. No person shall kill or expose for sale or have in his or 
her possession, after the same has been killed, any salmon trout or 
lake trout caught in the inland lakes of this State in the months of 
October, November, December, January, February and March, 
and in Lake George the additional month of April. Any person 
violating any of the provisions of this section sliall be deemed 
guilty of a misdemeanor, and in addition thereto shall be liable to 
a penalty of ten dollars for each fish so killed, exposed for sale or 
had in possession. 

§ 21. No person shall catch or kill any black bass in the waters 
of Lake Mahopac or of Columbia county (or in the waters of 
Schroon lake or river or Paradox lake, in the counties of Essex or 
Warren, or in the waters of Friend's lake, in Warren county, 
between the first day of January and the first day of July), or in 
Lake George, or in Brant lake, in Warren county, between the 
first day of January and the twentieth day of July, or catch or 
kill any black bass, Oswego bass, or muscalonge in any other 
waters of the State between the first day of January and the first 
day of June, unless alive for artificial propagation, or the stocking 
of other waters, except that bass and muscalonge maybe caught in 
the St. Lawrence, Clyde, Seneca and Oswego rivers, Lake Erie, 
Lake Ontario, Lake Conesus and Niao-ara river, above Niagara 

—-, lit" 

rails, on the American side, between the twentieth day of May 
and the first day of January. No person shall catch, kill or 
expose for sale, or have in his or her possession after the same has 
been killed, any black bass or striped bass weighing less than one- 
half pound, or less than eight inches in length from end of snout 
to end of caudal fin, at any time. No person shall expose for sale, 
or have in his or her possession, after the same has been killed, 
any black bass, Oswego bass, striped bass or muscalonge, save only 



Private 
hatcheries. 



Stocliiug in 
the Adiron- 
dacks. 



Penaltiee. 



Salmon or 
lake troat. 



Penalty. 



Bass. 



Muscalonge 



Size of bass. 



Sale of bass. 



16 



The Game Laws of the 



Fiphing: in 

Lake 

George. 



Penalties. 



Shutting or 
drawing off 
water. 



Penalty. 



Fishing in 
certain 
waters 
except by 
anglins: pro- 
hibited. 



Exceptions. 



from the twentieth day of May to the first day of January. Nor 
shall any person catch or kill, or attempt to catch or kill, any 
bullheads or other fish in the waters of Lake George, or in the 
waters of any ot the inlets or creeks emptying into said lake, 
between the first day of April and the first day of July in any 
year. Nor shall any person at any time catch or kill, or attempt 
to catch or kill, in the waters of Lake George or in the waters of 
the inlets or creeks emptying into the same, anj' fish with any set 
line, or with any device whatever except that of angling with hook 
and line held in the hand. Nor shall any person catch or kill any 
pickerel in the waters of L,ake George between the fifteentli day of 
February and the fifteenth day of June, in any year. Nor shall 
any person expose for sale, or have in his or her possession, any 
bullheads or other fish caught or killed in the waters of Lake 
George, or in the waters of the inlets or creeks emptying into the 
same, between the first day of April and the first day ot July, in 
any year, or any pickerel caught or killed in the waters of said 
Lake George between the fifteenth day of February and the 
fitteenth day of June, in any year. Any person violating any of 
the provisions of this section shall be deemed guilty of a misde- 
meanor, and in addition thereto shall be liable to a penalty of ten 
dollars for each fish. (As amended by chap. 242, Laws 1885.) 

§ 22. No person shall catch any bass, trout or other fish, in any 
of the waters of this State by shutting or drawing off any portion 
of said waters, nor shall any person take any fish in the waters of 
theTonawanda creek between Moulton's dam, in the county of Gen- 
esee, and Cotton's dam, in the county of Wyoming, for a period 
of five years after the passage of this act. Any person violat- 
ing this section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of twenty-five dollars 
for each offense. 

§23. No person shall kill or catch, or attempt to kill or catch, 
any fish, except minnows, in the waters of Lake Ontario, on the 
American side thereof for the distance of three miles from the 
mouth of the Niagara river or Onondaga, Oneida, Seneca or Cross 
lakes, or in any of their outlets or tributaries, or in the American 
waters of the Niagara river above Niagara Falls, in any way or 
manner, or by any device whatever, except with that of hook and 
line, and any person catching or killing any fish, except min- 
nows, in any of the above named waters, siiall be liable to a pen- 
alty of one hundred dollars for each and every offense. No 
person shall kill or catch, or attempt to kill or catch 
any fish, except minnows, bull-heads, eels, suckers and cat- 
fish in any of the fresh waters, or in any of the canals of 
this State or in the American waters of the St. Lawrence river, in 
any way or manner, or by any device whatever, except that of 
angling with a hook and line, save only in the following waters, 
namely: The Hudson river below the dam at Troj', and in Lajie 



State of New York, 17 

Ontario, except Great Sodus bay, Port bay, East bay, in the county 
of Wayne, Henderson harbor, or Henderson bay, in the county of 
Jefferson ; and also except in Lake Ciiamplain during the month 
of October and the first fifteen days of November ; and also except 
in the waters of the Walkill river within the county of Ulster, 
wherein it shall be lawful for any person or persons of one and 
the same family or household to possess and fish for suckers and 
eels in the waters of said river during the months of March and 
April and October and November with a single fyke, the meshes 
of which shall not be less than one inch. And also except all that 
part of the waters of Lake Ontario, together with its bays and 
inlets, lying and being in the county of Jefferson, and in that part 
of Oswego county lying between its Jefferson county line and the 
westerly line of the town of Mexico, and within one-half mile of 
the outlet or mouth of Salmon river, saving and excepting the 
shoals adjacent to Henderson bay, on the lake side from tiie main 
shore to and including Smoke island, except during the months of 
November and December, which waters are hereby released from 
the operation of the provisions of sections twenty-three and twen- 
ty-six of the act hereby amended ; provided further that in Black 
lake, Mud lake and Yellow lake in St. Lawrence county, bull-heads, 
eels, suckers, catfish and pickerel may be killed with a spear, 
except in the months of March, April and May. No person shall ^^^^P^?^ 
knowingly sell or purchase, or have in his or her possession, any possession, 
fish killed, cauglit or taken from any such waters, contrary to the 
provisions of this section. And any person violating the provi- Penalty, 
sions of this section shall be deemed guilty of a misdemeanor, and 
in addition thereto shall be liable to a penalty of twenty-five dol- 
lars for each and every such offense. And all nets, seines, traps. Nets, etc. 

1 1. '!• 1 ' y 1 1 !• • 11 jij contraband. 

weir or other devices forbidden by this section are hereby declarea 
contraband, and any person finding the same in any place where 
they are forbidden is hereby authorized to destroy such contraband 
article, and no action for damages shall lie against him for such 
destruction. (As amended by chap. 127, Laws 1884.) 

§ 24. Any person having in his or her possession upon any of Possession 
the waters of tiiis State, or upon the shores of or islands in any gho'i'e.*"'^ 
waters of this State, inhabited by salmon, salmon trout, lake trout, 
black bass, Oswego bass, striped bass or muscalonge, without the 
permission of the commissioners of fisheries, any snares, nets, stake 
poles or other device used in unlawfully taking such fish, shall be 
deemed guilty of a misdemeanor, and in addition thereto shall be 
liable to a penalty of twenty-five dollars, but nothing herein con- 
tained shall apply to that portion of the Hudson river south of the 
dam at Troy, or to Lake Ontario, or to the waters of the Walkill 
river in Ulster county. (As amended, chap. 242 Laws 1885.) 

§ 25. No person, association, company or corporation shall throw Polluting 
or deposit, or permit to be thrown or deposited, any dye-stuff, coal streams, 
tar, refuse from gas houses, saw dust, lime or other deleterious 

2 



18 



The Game Laws of the 



Penalty. 



Exception. 



Size of 
meshes of 
nets and 
fykes. 



Where 

netting 

prohibited 

and 

allowed. 



403 



this 



substance, or cause the same to run or flow into or upon any of 
the rivers, lakes, ponds, streams, or an}' of the bays or inlets adjoin- 
ing the Atlantic ocean within the limits of this State. Any person 
who shall violate this section, or any member of any such company, 
association or corporation who shall authorize and direct any such 
violation, shall be guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of fifty dollars for each offense. But 
this section shall not apply to streams of flowing or tide water, nor 
to the town of French Creek, in Chautauqua county, which con- 
stitutes the motive power of the machinery or manufacturing 
establishments, when it is absolutely necessary for the manufactur- 
ing purposes carried on in such establishments to run the refuse 
matter and material thereof into such stream. (As amended by 
chap. 430, Laws 1881.) 

See Gai'tioright v. Ganandaigua Gas-Light Oo., 32 Hun, 
(Supreme Court, 4th Dept., March, 1884). 

§ 26. Xo person shall fish in any of the waters or canals of 
State with seines, gill nets or fykes, the meshes of which shall be 
less tlian two and one-half inches, except in the waters excepted in 
the first section of this act and except in the following waters : In 
the waters over which Richmond county has civil jurisdiction, the 
meshes shall not be less than two inches ; in the bays and salt 
waters, estuaries and rivers of Long Island, not less than two and 
one-half inches, but this prohibition shall not apply to nets used in 
taking " menhaden " nor to ponds where they are permitted by law ; 
in Lake Erie and Lake Ontario^ the meshes shall not be less than 
four and one-half inches ; in the Hudson river between long dock 
at Piermont in th<^ county of Rockland and the dam at Troy, the 
meshes shall not be less than two inches except seines, fykes or 
other nets used in catching bait fish ; in Coney Island creek to the 
mouth thereof extending out into Gravesend bay one-half mile each 
way, the meshes of which shall be four inches square, except that 
for eel and flounder fishing, hoop-nets, with suitable meshes, may 
be used within said bay between the fifteenth day of October and 
the first day of April. No person shall set or take any fish by any 
device known as pound or trap-net, in the waters of Great South 
bay, except so much thereof as is witiiin the jurisdiction of the town 
of Islip and not included in the Brookhaven and Smith patents, 
and the waters of Lake Erie, or bring any fish so taken in such 
waters to the shore, along the same, or be engaged in procuring or 
preparing for market an}' such fish or any part thereof, or exposing 
fish taken in such nets for sale, in the counties bordering on such 
waters. Nothing in this section shall be construed as permitting 
the drawing of seines in the waters of the Hudson between the 
upper dock at the village of Sing Sing and Croton landing, in the 
town of Cortland, nor in any of the waters between the above- 
named points, nor in any portion of the Croton river, between the 
first day of June and the first day of October of any year, which 



State of New York. 19 

drawing is hereby expressly forbidden, except that set nets and 
seines of meshes of one-half inch, may be used in any part of the 
Croton river and the bay in the Hudson river, lying between Cro- 
ton point and the village of Sing Sing, trom October first to May 
first of any year, for the pnrpose of catching smelts and frost fish, 
but for no other purpose. Nor shall anything in this section be 
construed to prevent the setting of fykes in the Wallkill river in 
Ulster county, during the months of March and April, and October 
and November. Any person violating the provisions of this section Penalty, 
shall be deemed guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of fifty dollars. (As amended by chap. 
237 of the Laws of 1885.') 

§ 27. Any owner or owners or lessee or lessees of land or lands private 
and water, whether such owner or owners, lessee or lessees be an p*'"''^' 
individual or individuals, association or associations, society or 
societies, corporation or corporations, desiring to lay out, devote or 
dedicate such land or lands and water for the purpose of a private 
park or territory for propagating or protecting fish, birds or game, 
shall publish, at least once a week for three months, in a paper of ^e*^*ic|tfJn 
general circulation printed within the county or counties within tobepub- 
which such land or lands and water are situated a notice describing 
the same. And there shall be inserted in said notice so published 
a clause declaring that such land or lands and water will be used 
as a private park for the purpose of propagating and protecting 
fish, birds and game ; and it shall be the duty of such owner or sign-boards 
owners, lessee or lessees, at any time during the publication of said tobe"**'**^^* 
notice, or witliin six months after the final publication thereof, to erected, 
post or put up notices or sign-boards warning all persons against 
trespassing upon such private territory, which notices or sign-boards 
shall not be less than one foot square, and placed not more than 
forty rods apart along the entire boundary of said private park or 
territory, when the same shall consist entirely of land, and when 
said private park or territory shall consist of botli land and water, the 
notices aforesaid shall be placed in conspicuous peaces upon said 
territory, so there shall be at least one notice or sign-board so 
placed or erected for every one hundred acres of said territory. 
And when the property to be protected shall consist of a lake or 
pond only, said notices shall be placed in at least four conspicuous 
places upon the shore of such lake or pond. But when said terri- 
tory shall be enclosed by a fence or fences of reasonable capacity 
for protection of said premises, then notices or sign-boards of the 
dimensions aforesaid shall be placed on said fence or fences not 
more than one-half mile apart. After any such territory shall be Game in 
dedicated and designated as aforesaid, all fish, birds and game, of, p*™ate 
in or upon said territory shall be the property of the owner or property, 
owners, lessee or lessees thereof. (Amended by Laws 1880, 
chap. 531.) 



20 



The Game Laws of the 



Taking, 
gfame, etc., 
from pri- 
vate parks, 
etc. 



Trespass- 
ing and 
mischief 
prohibited, 



Penalty. 



Sign-boards 
at State 
fishwayg. 



Fishing 
within 
eighty rods 
of a State 
fishery 
prohibited. 



Wolves, and 
tianthers, 
bounties 
lor. 



I'roof. 



§ 28. After such grounds are inclosed in such manner as to render 
such fish or game private property, no person shall catch or take 
from or kill, any fish, birds or game, in or npon said grounds, or 
the waters thereon, or put on such grounds, or in any such waters, 
any poisonous or other deleterious substance, or piscivorous fish, or 
let off the waters from said grounds, with intent to take fish, or 
to destroy the fish or eggs placed in such waters, or deface or 
destroy any sign or notice posted or put up as aforesaid; or place 
any object against or near such fence or inclosure, with intent to 
aid dogs or other animals to get into said grounds, or to enable 
animals kept therein to escape therefrom, or enter upon any such 
ground with the implements or weapons for catciiing, taking or 
killing fish, birds or game, with the intention of catching, taking 
or killing any fish, birds or game thereon. Any person found 
guilty of any offense against this section, shall be deemed guilty 
of a misdemeanor, and in addition thereto shall be liable to the 
owner or lessee in addition to the actual damages incurred, in 
exemplary damages to the amount of twenty-five dollars. 

§ 29. The commissioners of fisheries of this State are hereby 
required and directed to erect and maintain, at a distance of eighty 
rods from any fishway established or constructed by the Sfate, in 
any stream or water-course within its boundaries, sign-boards, on 
which shall be plainly painted or inscribed the words following, to 
wit, " eighty rods to the fishway ; all persons are by law prohibited 
from fishing in this stream between this point and the fishway;" 
said signboard to be erected on both sides of the stream above and 
below the fishway. 

§ 30. No person shall catch, take or kill, or attempt to catch, 
take or kill, with any implements or device whatever, any fish 
within a distance of eighty rods from any fishery established by the 
State, within any stream or water-course within its boundaries, or 
tear down or deface or destroy any sign-board put up by the com- 
missioners of fisheries of this State. Any person violating any of 
the provisions of this section, provided the sign-boards mentioned 
in the preceding section shall have been erected and maintained 
as directed by this act, shall be deemed guilty of a misdemeanor, 
'and in addition thereto shall be liable to a penalty of twenty -five 
dollars. 

§ 31. A State bounty of thirty dollars for a grown wolf, fifteen 
dollars for a pup wolf, and twenty dollars for a panther, shall be 
paid to any person or persons who shall kill any of said animals 
within the boundaries of this State. The person or persons 
obtaining said bounty shall prove the death of the animal so killed 
by him or them, by producing satisfactory affidavits, and the skull 
and skin of said animal, before the supervisor and one of the 
justices of the peace of the town within the boundaries of which 
the said animal was killed. Whereupon said supervisor and justice 
of the peace, in the presence of each other, shall burn and destroy 



State of New York. 21 

the said skull, and brand the said skin so that it may be thereafter 
identified, and issue to the person or persons claiming and entitled 
to the same, an order on the treasurer of the county to which said 
town belongs, stating the kind ot animal killed, the date of killing 
of the same, and the amount of the bounty to be paid in virtue of 
the within section of this act, and the county treasurers of this State 
are hereby authorized and directed to pay all orders i<5sued as afore- 
said ; and all orders issued in the manner aforesaid, and paid by Bounty, 
the treasurer of any county in this State, shall be a charge of said '*'*"' p*"^- 
eounty against the State, the amount of which charge, on delivery 
of proper vouchers, the comptroller is hereby authorized and 
directed to allow in the settlement of taxes due from said county to 
the State. 

§ 32. There shall be no shooting, hunting, trapping or caging of Hanting on 
birds or wild beasts, or having in possession in the open air for prohibued. 
such purpose the implements for the shooting, hunting, trapping 
or caging of the same, on the first day of the week, called Sunday ; 
and any person violating either of the provisions of this section 
shall be deemed guilty of a misdemeanor, and in addition thereto 
shall be liable to a penalty of twenty-five dollars for every such 
off'ense. (See sees. 265, 269, Penal Code, p. 38.) 

S 33. All penalties imposed by this act may be recovered, with Penalties, 

^. £ '. ^ • !• u ' L • howrecov- 

costs of suit, by any person m his own name, or by any society m ered. 
its name, upon such society giving security for costs, before any 
justice of the peace in the county where the oflEense was committed, 
or in an adjoining county, when the amount does not exceed the 
jurisdiction of such justice, or when such suit shall be brought in 
the city of New York, before any justice of the District Court, or 
of the Marine Court of said city ; and such penalties may be recov- 
ered in the like manner in any court of record in the State; but on 
recovery by the plaintiff in such case for a less sum than fifty dol- 
lars, the plaintiff shall only be entitled to costs to an amount equal 
to the amount of such recovery ; and it shall be the duty of any 
district attorney in this State, and he is hereby required to prose- 
cute, or to commence actions, in the name of the people of this State, 
for the recovery of the penalties allowed hereby, upon receiving 
proper information ; and in all actions brought by such district 
attorney, one-half of the penalty recovered shall belong to the 
persons giving infortnation on which the action is brought, and the 
other half shall be paid to the treasurer of the county in which 
such action is brought. All judgments recovered in pursuance of j„dgmentB 
the provisions of this act, with the interest thereon, may be col- )^^^^^- 
lected, and the payment thereof enforced by execution against the 
person; and any person imprisoned upon any such execution shall 
be so imprisoned for a period of not less than five days, and at the 
rate of one day for every dollar or fractional part thereof of such 
judgment and interest when the same exceeds five dollars ; and 
such imprisonment shall not be satisfaction of such judgment ; but 



22 



Tbe Game Laws of the 



Miede- 
meanor, 
how pun- 
ished. 



ConrtB. 



Fines. 



Tax. 



Duties of 
sheriff, etc. 



Penalties 
lor failing 
I o act. 



Grouse, 
quail and 
venison. 



no person shall be more than once imprisoned npon an)' such judg- 
ment or execution, and two or more penalties may be included in 
the same action. 

§ 34. Any person who shall be found guilty of a misdemeanor 
under any of the provisions of this act shall, upon conviction, be 
punished by fine of not less than live dollars, nor more than at the 
rate of one dollar for every dollar of the penalty provided by the 
section so violated, when the same exceeds five dollars, or by 
imprisonment in the county jail or penitentiary for a period of not 
less than five days, nor more than at the rate of one day for every 
dollar of any such penalty, or by such fine and imprisonment, in 
the discretion of the court. 

§ 35. Courts of special sessions in towns and villages, and the 
several courts in cities having jurisdiction to try other misde- 
meanors, shall have jurisdiction to try offenders in all cases occur- 
ring under this act in the same manner as in other cases where they 
now have jurisdiction, and to render and enforce judgment accord- 
ingly. All fines recovered by the provisions of this act shall be 
paid over by the court receiving the satne to the treasurer of the 
county wherein the offense was committed, except in the county of 
New York, and in the county of New York to the chamberlain in 
the city of New York, within ten days after their reception hy 
such court, and such moneys shall be kept by such treasurer or 
chamberlain as a separate fund, to be applied to the enforcement 
of the provisions of this act, in such manner as the board of super- 
visors of the several counties, except in the city and county of 
New York, and in such city and county the board of aldermen 
may direct, either for the employment of special detectives or the 
payment of awards for the detection and arrest of oftenders, and 
each of the boards of supervisors of this State shall have power to 
raise by tax, in the same manner as otiier taxes are raised for 
county purposes such sum, not exceeding one thousand dollars in 
any year, as they shall deem proper to further aid in the enforce- 
ment of the provisions of this act. It shall be the duty of every 
sheriff, under-sheriff, deputy sherifi, officer of police or policeman, 
and of every constable and every game constable, and every bay 
constable to arrest, wherever found within this State without war- 
rant, any person whom they shall find violating any of the provisions 
of this act, and immediateh' to bring such offender before tlie nearest 
magistrate having jurisdiction of the offense for examination and 
for trial. Any officer or magistrate who shall neglect or refuse 
diligently to enforce the provisions of this act, upon proper informa- 
tion and complaint, shall be deemed guilty of a misdemeanor, and 
shall be punished by a fine or imprisonment, or by both such-fine 
and imprisonment in the discretion of the court. 

§ 36. Any person may sell or have in his or her possession any 
hare or rabbit or any woodcock, any ruffed grouse, commonly 
called partridge, any pinnated grouse, commonly called prairie 



State of New York. 23 

chicken, and any qnail from the first day of January to the first 
day of Febrnary, and any fresh venison from the first day of 
December to the first day of January, and shall not be liable for 
any penalty under this act, provided he proves that such birds 
or game were killed within the period provided by this act. 

§ 37. It shall be lawful for the board of supervisors of any county, Boards of 
at their annual meeting, to make an}^ regulations or ordinances topase 
protecting other birds, fish or game than those mentioned in this '*^*" 
act, and also for the further protection of such birds, fish or game 
as are in this act mentioned, except wild deer, and to this end to 
prohibit hunting or fishing in particular localities or waters lying 
within their respective counties, for limited periods and during 
certain months of the year, and to prescribe punishments and 
penalties for the violation thereof, and adopt all necessary 
measures for the enforcement of such punishment and the collec- 
tion of such penalties. And such regulations and ordinances shall i^^jie^^"^' 
be published in the papers in such county in which the session 
laws are published ; and a certified copy thereof shall be filed in 
the ofiice ot the clerk of the county ; provided, however, that nothing 
herein contained shall be construed as conferring upon the board 
of supervisors of any county the right or authority to proliibit the 
owner or owners, in whole or in part, of lands and waters wholly 
private, or the lessee or lessees thereof, whether such owner or 
owners, lessee or lessees be an individual or individuals, association 
or associations, society or societies, corporation or corporations, 
from angling and taking fish in a lawful manner during the 
months now allowed by the lawsof this State. Thisact is intended 
to apply only to such owner or owners, in whole or in part, of 
lands and waters, or the lessee or lessees thereof, who shall have 
complied with the provisions of section twenty seven of said 
chapter five hundred and thirty-four of the Laws of eighteen 
hundred and seventy-nine, and the acts amendatory thereof. 
(As amended by chap. 212 of the Laws of 1884.) 

§ 38, It shall be lawful for the boards of supervisors of the sev- Game con- 
oral counties of this State, except as by this section hereinafter ^^*'''*^- 
further provided as to the county of Kings, by the affirmative vote 
of a majority of the members elected, at a regular meeting of such 
boards, respectively, to authorize the election in each or any of the 
towns or cities of their respective counties of one or more officers 
to be designated game constable, who shall be chosen at town meet- 
ings as other town officers are chosen, and hold office for the term 
of one year; and he or they shall take the oath of office the same, 
and be invested with and have the same powers in serving process 
under this act, that town constables now possess in serving civil 
process; but sucli game constable for the entire county of Kings ^'uffy. 
may be appointed by the board of supervisors at any regular meet- 
ing, and he or they shall hold office to the last day of December 
next after his appointment, and until his successor shall be appointed 



24 



The Game Laws of the 



Duties of. 



Costs of 
Baits. 



Courts that 
can issue 
warrants. 



Search 
warrants. 



and qualified ; and all suits prosecuted by such game constable for 
the count}'^ of Kings, for penalties under the provisions of this act, 
may be prosecuted in the county court of Kings county, or in the 
city court of Brooklyn ; and in case a recovery shall be had in such 
suits for less than fifty dollars, the plaintiff shall be entitled to costs 
to the amount of such recovery. Warrants of arrest may be issued 
by such courts in such actions prosecuted by the game constable of 
Kings county, as in cases provided for by section one hundred and 
seventy-nine of the Code of Procedure, except that no undertaking 
shall be required on behalf of the plaintiff, and the judgments may 
be enforced by execution against the person, and the sheriff of said 
county shall not be entitled to any deposit or pay from the plain- 
tiff under the provisions of chapter eight hundred and thirteen of 
the laws of eighteen hundred and sixty-nine. It shall be the duty 
of the game constable, after reliable information, to prosecute all 
violations of this act, and he shall receive such compensation for 
his services as is allowed by law for like services to constables of 
towns, and also one-half of all penalties recovered by him for 
violations of this act. In cases of neglect or refusal of any game 
constable to prosecute any such violation, he shall foifeit the 
penalty of twenty-five dollars, to be sued for and recovered as speci- 
fied in this act. Whenever any game constable shall fail to 
recover the penalty in any prosecution commenced by him pursuant 
to this section, the cost of suit incurred by him shall be charged 
against the county, and it shall be the duty of the board of super- 
visors of the county to audit and allow the same, as other county 
charges are audited and allowed. (As amended by chapter five 
hundred and ninety-five, laws of eighteen hundred and sevent-two.) 
§ 39. Any justice of the marine or district court in the city of 
New York, or any justice of the peace, police or other magistrate, 
upon receiving sufficier)t security for costs on the part of the com- 
plainant, and sufficient proof by affidavit that any of the provisions 
of this act have been violated by any person being temporarily 
within its jurisdiction, but not residing there permanently, or by 
any person whose name and residence are unknown, is hereby 
authorized to issue his warrant for the arrest of such offender, and 
to cause him to be committed or held to bail to answer the charge 
against him ; and any such justice or magistrate, upon receiving 
proof or probable cause for believing in the concealment of any 
game or fish mentioned in this act, and taken during any of the 
periods prohibited, and upon the complainant's giving security, to 
be approved by such magistrate, for the damage which the defend- 
ant in the case may sustain in consequence of tlie complaint, pro- 
vided he shall be found not to have violated the law, shall issue his 
search warrant and cause search to be made in any house, market, 
boat, car or other building, and for that end may cause any apart- 
ment, chest, box, locker, crate or basket to be broken open and the 
contents examined. 



State of New York. 25 

§ 40. All acts and parts of acts for the preservation of wild Repeal, 
deer, birds, fish and game, including section 2 of chapter 183 of 
the Laws of 1875, are hereby repealed, except such acts and parts 
of acts as relate to the commissioners of fisheries, and the estab- 
lishment of fishways, the construction of dams across the rivers of 
this State, the protection and preservation of shell fish, the incor- 
poration of any company for the protection and propagation of 
fish and game, the election of bay constables, the laws conferring 
upon the boards of supervisors special powers to legislate for the 
protection of fish, birds and game, and the laws regulating shad 
fishing; saving, nevertheless, so much of said act as may be nec- 
essary to sustain any right of recovery or condition thereunder for 
actions or prosecutions heretofore commenced. 

§ 41. One moiety of the penalties hereinbefore prescribed, shall how^dVsl^' 
be given to the informant, upon conviction of the offender or tributed. 
offenders, and the collection thereof. (Added by chap. 121, Laws 
1885.) 

§ 6. Any action brought or prosecuted by any District Attorney J^rney*miy 
pursuant to the provisions of the act hereby amended, may be dis- discontinue 
continued by such District Attorney, and neither costs nor dis- 
bursements in such action shall be recovered by any defendant 
therein. (Sec. 6 of chap. 531, Laws of 1880.) 

§ 7. No person shall take, catch or kill any California trout, in California 
any of the waters of this State, in any way or by any device, "^"^ ' 
between the ftfteenth day of May and the first day of September. 
No person shall knowingly sell or purchase or have in possession 
any California trout, killed, taken or caught in the waters of this 
State during the period aforesaid. Any person violating the pro- Penalty, 
visions of this section shall be deemed guilty of a misdemeanor, 
and in addition thereto shall be liable to a penalty of twenty-five 
dollars for each offense. (Sec. 7 of chap. 531, Laws 1880.) 



AN ACT FOR THE APPOINTMENT OF FISH AND 

GAME PROTECTORS. 

Chapter 591 of the Laws of 1880, as amended hy chapter 317 of 
Laws of 1883, entitled '■''An act for the appointtnent of Game 
and Fish Protectors,^ passed June 26, 1880. 

Section 1. The governor is hereby authorized, upon the passage Game pro- 
of this act, to appoint eight, and he may in his discretion increase 
the number of said appointments to sixteen persons, to be known 
as game and fish protectors, whose duty it shall be to enforce the 
statutes for the preservation of moose, wild deer, birds and fish, or 
any other game laws, and to bring or cause to be brought, actions 
and proceedings in the name of the people of the State, to recover 
any penalties or amounts, or to punish any parties for the violation 



lectors 



26 



The Game Laws of the 



May bring 
actions. 



Terms of 
office. 

Vacancies. 

District 
attorney. 



Witnesses' 
fees anddis- 
barsements. 



Recoveries, 
how di- 
vided. 



Nets, etc., 
whereby 
fish may be 
caught con- 
trary to law 
der.ared 
public nui- 
sances, and 
maybe 
seized or 



of said statutes or laws. Such actions may be brought in the name 
of the people in the like cases, in the same courts, and under the 
same circumstances as they might now or may hereafter be brought 
by any individual under or by virtue of any existing or hereafter 
enacted statutes, for the protection of deer, game and fish, or any of 
them. Such protectors and their successors, who shall be appointed 
by the governor, shall hold office for three years from the date of 
their appointment. All vacancies shall be filled by the governor. 
The district attorney of any county of this State shall, upon the 
request of any one of such protectors, commence and prosecute to 
termination, in tiie name of the people, actions and proceedings 
against any person reported to him by such protector to have vio- 
lated any such statute or laws, for the recovery of the penalty for 
violation thei'eof, or for the punishment of the person violating the 
same. Witnesses' and other fees and disbursements and full costs 
shall be included in any judgment in favor of the people at the 
rates fixed by section three thousand two hundred and fiftj-^-one of 
the Code of Procedure, without reference to the amount of recov- 
ery. All money necessary for witnesses' fees and disbursements in 
any such action shall, on the requisition of the district attorney, be 
advanced by, and all moneys, except costs, which shall belong to 
the district attorney, recovered in any action, and all fines collected 
shall be paid to the treasurer of the county in which the actions or 
proceedings shall have been commenced ; and the district attorney or 
treasurer of such county, upon the payment of any judgment, may 
satisfy the same of record, as the attorney for the people. One- 
half of all moneys thus paid into any county treasury over and 
above the amount necessary to reimburse the county for any out- 
lays or expenses paid out by the county treasurer under this act, 
shall be paid on or before the thirtieth day of September in each 
year into the State treasury, and become and be part of the general 
fund. And the remaining one-half of all such moneys, over and 
above the amount necessar}' to reimburse the county for any out- 
lays or expenses paid out by the county treasurer, under this act, 
shall be paid to and belong to the game and fish protectors who 
bring, or cause to be brought, the action or proceeding in which 
such fine or penalty shall be recovered, and shall be paid to him by 
the county treasurer within thirty days after the same shall be 
received by him from the district attorney, upon the certilicate of 
the district attorney that such action or proceeding was brought, or 
caused to be brought, by such game and fish protector. (Chap. 
317, sec. 1, Laws 1883.) 

§ 2. Any net, pound or other means or device for taking or 
capturing fish, or whereby they may be taken or captured, set, pivt, 
floated, had, found or maintained in or upon any of the waters of 
this State, or upon tlie shores of or islands in any waters of this 
State in violation of any existing or iiereafter enacted statutes or 
laws for the protection of fish, is hereby declared to be and is a - 



State of New York. 27 

public nuisance, and may be abated and summarily destroyed by destroyed 
any person, and it shall be the duty of each and every protector person, 
aforesaid, and of every game constable, to seize and remove and 
forthwith destroy the same, and the expense of any seizure, removal 
and destruction of such net, pound or other means or device as 
aforesaid, shall be a county charge against tlie county in which the 
same shall have been eo seized, and shall be paid as other county 
charges are paid, on the certificate, which shall be final, of such 
protector, which certificate shall state the time and place of such 
seizure and destruction, the names of the jtersons employed therein, 
the time spent thereabout, and the money advanced, if any, and to 
whom, and shall be verified by the oath of such protector or person 
as aforesaid making such seizure and destruction ; and no action 
for damages shall lie or be maintained against any person for or on 
account of any such seizure or destruction. (Sec. 2, chap. 317, 
Laws 1883.) 

§ 3. The said protectors, or any one of them, may without Arrests 
warrant arrest any person violating any of the provisions of any warrants, 
statute now or hereafter enacted and in force at the time for the 
protection of moose, wild deer, birds and fish, or any of them, and 
take such person before a justice of the peace or police justice, or 
other magistrate having juiisdiction, who shall proceed without 
delay to hear, try and determine the matter, and give and enforce 
judgment according to the allegations and proofs, (Sec. 3, chap. 
591, Laws 1880.) 

§ 4. The traveling expenses, not to exceed two-hundred and fifty salary and 
dollars for each of such protectors in any one year, to be audited ®^p^"*^- 
by the comptroller of this State before payment, and an annual 
salary of five hundred dollars, shall be paid to each protector by 
the treasurer of this State out of any moneys not otherwise 
appropriated. (Sec. 4, chap. 519, Laws 1880.) 

§ 3. It shall be the duty of each of the several game and fish Reports, 
protectors appointed or who may be appointed under this act, to 
file in '■.he office of the State comptroller, during the month of 
December in each year, an account stating the days and parts of 
days spent in the discharge of his duty as such protector, the kind 
of service rendered on such days or parts of days, and the place or 
places where rendered, and the expenses paid or incurred in the 
time of the discharge of such duties; which statement shall be 
verified by the oath of such protector stating that the same is cor- 
rect and true in every particular. (Sec. 3 of chap. 317, Laws 1883.) 

§4. For the purpose of the more effectual enforcement of the Game pro- 
provisions of this act, the game and fish protector shall be subject under" 
to the supervision and direction of the commission of fisheries, who ^"3P^!Ti?i°° 
shall divide the territory of the State into protection districts, and sionerof 
shall assign to each protector his district, and shall have authority 
also, to assign for temporary duty in any district, a protector from 
any other district. The said commissioners shall require of each 



28 



The Game Laws of tbe 



Reports. 



Removal. 



protector, at the close of each calender month, a report in writing, 
and in detail, stating the service performed by each protector dur- 
ing the last preceding month, including an account of the suits 
commenced at his instance, the disposition made of such suits, the 
result of any brought to trial and the condition of any undisposed 
of ; and no payment for services performed, or traveling expenses 
paid by any protector shall be made until the claimant shall pre- 
sent to the comptroller, in addition to the usual oath of perform- 
ance and payment, a certificate from the said commissioners that he 
ha§ made the report required by this act, and has in all other 
respects faithfully performed his otiicial dnty. The commissioners 
of fisheries shall report to the governor all cases of dereliction or 
neglect of dnty of any protector which shall come to their 
knowledge, together with such evidence as they may have touch- 
ing the case, and the governor shall have authority to remove from 
office any protector so reported to be delinquent, after giving him 
an opportunity to be heard in his defense. (Sec. 4 of chap. 317, 
Laws 1883.) 



Eetablished 



Dutiea of to 

establish 

hatcheries. 



COMMISSIONERS OF FISHERIES AND FISH 
PROPAGATION. 

Chap. 285, La^ws 1868, as amended. 

AN ACT to appoint Commissioners of Fisheries for the State 

of New York. 

Section 1. A commission of fisheries for the State of New York, 
is hereby established. 

§ 2. It shall be the duty of the commissioners to examine the 
various rivers, lakes and streams of the State of New York, and 
the waters adjoining the same, with a view of ascertaining whether 
they can be rendered more productive of fish, and what measures 
are desirable to effect this object, either in restoring the production 
offish in them, or in protecting, or propagating the fish that at 
present frequent them, or otherwise ; and such commissioners shall 
report the result of their labors, and any recommendations they 
may have to offer, at the next meeting of the Legislature of this 
State. (Chap. 285, Laws 1868.) That it shall be the duty of the 
commissioners, in addition to the duties imposed upon them by 
said act, to establish the artificial propagation of shad, white fish 
and salmon trout, in the waters of this State, at sucii point or 
points as they may select, and to employ the necessary labor to 
conduct the same, and to take such other steps toward improving 
the fisheries of this State as they shall think advisable, at an 
expense in all, however, not to exceed the sum hereby appropri- 
ated. (Added by chap. 567, Laws 1870.) It shall be the duty 



State of New York. 29 

of the commissioners of fisheries of the State of New York, to Examine 
examine the streams of water in the various counties of this State *''"**'"*• 
and to take reasonable steps for the propagation of trout, in such 
streams as in their judgment can be rendered more productive. 
(Added by cliap. 309, Laws 1879.) 

§ 3. Horatio Seymour, Seth Green and Robert B. Roosevelt are commis- 
appointed commissioners under this act, to hold office for two named* 
years, and a sum of one thousand dollars is appropriated for their 
necessary expenses in carrying this act into effect, which the 
treasurer shall pay to them on the warrant of the comptroller, 
from time to time, as their vouchers for such expenses shall be 
exhibited and approved. (Sec. 3 of chap, 285, Laws 1878.) All vacancies, 
vacancies occurring in said commission shall be filled by the 
governor of the State, and the term of office is hereby extended 
three years, the commissioners being required to report yearly on 
the condition of the fisheries of the State and the matters under 
their charge. (Sec. 2 of chap. 567, Laws 1870.) The fishery 
commission of the State of New York, created by act passed 
April twenty-second, one thousand eight hundred and sixty-eight 
(Laws 1868, chap. 285), is continued, with the powers conferred 
upon them by said act. The commissioners to receive no salary, 
and to expend only such sums as have heretofore been appropri- 
ated or shall hereafter, from time to time, be appropriated for such 
purpose. (Sec. 1 of ciiap. 74 of the Laws of 1873.) The governor commis- 
is authorized to appoint a resident of the counties of either Kings, ^l^^"^^ 
Queens or Suffolk an additional member of the commissioners of Kings, 
fisheries of the State of New York, and to supply his place, should Siiffoik!*° 
a vacancy occur therein, as provided in chapter 537 of the Laws of 
1870. (Sec. 2 of chap. 309 of the Laws of 1879.) 

§ 3. No person shall take from the Hudson river any shad at shad. 
any other time than between the fifteenth day of March and the 
fifteenth day of June in each year, and every person who shall at 
any other time, take any shad, or set or draw any net or seine in 
said river, or aid or assist therein, for the purpose of taking shad, 
shall forfeit the sum of one hundred dollars to the treasury of the Penalties. 
State, and their nets shall be confiscated ; provided that nothing in this 
section shall apply to taking offish by orders of the commissioners 
for the purpose of artificial or natural propagation of the same, or 
when the parties, authorized to take fish contrary to the provisions 
hereof, have stipulated to hatch fish under the directions of the 
commissioners. (Sec. 3 of chap. 567, Laws 1870.) 

§ 5. All penalties imposed under the provisions of this act may suitu. 
be recovered, with costs of suit, by the commissioners of fisheries 
in their official name, or by any person or persons in his or their 
own names, by suit in the supreme court or any court of record in 
this State. On the non-payment of any judgment, when recovered Jndgments, 
in pursuance hereuf, the defendant shall be committed to the enforced, 
common jail of the county, for the period which shall be computed 



Nets to be 
confiscated. 



30 The Game Laws of the 

at the rate of one day tor each dollar of the amount of the judg- 
ment. (Sec. 5, Lawe of 1870, chap. 567.) 

§ 6. When any pound, weir, or net is liable to be confiscated 
under any provisions of this act, it shall be the duty of the Com- 
missioners either to take possession of the same and employ the 
necessary agents therefor, subject to an action against them in their 
official capacity, by any claimant or claimants, on the ground that 
the san)e was not liable to confiscation, or they, may institute a 
Suits suit in the Supreme Court, or any court of record, for the confisca- 

tion of said pound, weir or net, in which case the said court may 
issue a warrant directing tlie sheriflp to attach and safely hold 
such pound, weir or net, until said action shall be determined, and 
the suit shall be tried and judgment rendered according to the 
practice usual in cases of an analogous character. (Sec. 6, Laws 
1870, chap. 567.) 



Chap. 523 of the Laws of 1875. 

AN ACT making an appropriation for the purpose of restock- 
ing the public streams of this State with speckled trout and 
other fish. 

Section 1. The sum of fourteen thousand dollars, or so much 
thereof as shall be necessary, is hereby appropriated out of the 
general fund to enable the commissioners of fisheries of this State 
to construct on land, to be purchased therefor, suitable buildings, 
fixtures and ponds, for the purpose of iiatciiing and rearing speckled 
trout and other fish, to be used in stocking the public streams of 
this State with such fish, and to be distributed tor the public bene- 
fit under such regulations as such commissioners shall prescribe. 

§ 2. The said commissioners shall account to the comptroller for 
all expenditures they may make under the provisions of this act. 

§ 3. This act shall take effect immediately. 



Chap. 320 of the Laws 1884. 

AN ACT to establish a fish hatchery in the Adirondack forest. 

The People of the State of New Yorh^ represented in Senate and 
Assetably^ do enact as follows : 

Section 1. The commissioners o^ fisheries are hereby authorized 
and directed, as soon as possible after tlie passage ot this act, to 
erect a fish-hatching establishment at some convenient point in the 
Adirondack forest, to be selected by said commissioners, for the 
purpose of restocking the lakes and streams of said forest with trout 
and other fish natural to that locality, and stocking such other 
streams as the commissioners may deem necessary. 

§ 2. The treasurer shall pay to the commissioners of fisheries., 



State of New York. 3]^ 

upon the warrant of tbe coir;ptroller, the sura of five thousand 
dollars, or so much thereof as may be necessarj^, which sum is 
hereby appropriated for the purpose of this act. 
§ 3. This act shall take effect immediately. 



SHELL FISH. 



The laws for the protection of shell fish are so numerous and 
local in their cliaracter that reference is made to them by chapter, 
year and title only. For further particulars, the Session Laws 
must be consulted. The following are the laws on the subject 
unrepealed by the general law of 1879, or by other statutes. 

Laws 1831, chap. 203. — "An act to restrain the taking of 
oysters in the Hudbon river." 

Restrains the taking of oysters from the Hudson river, north of 
the county of New York, during the months of May, June, July 
or August, and prohibits their being taken to another state for 
replanting. 

Laws of 1859, chap. 468. — " An act in relation to the planting 
in shell fish in the waters of Jamaica bay, and creeks adjoining, 
of the county of Queens." 

Laws 1863, chap. 493. — " An act for the protection of the plant- 
ing of oysters in the towns of Hempstead and Jamaica, county 
of Queens, New York." 

Laws 1865, chap. 343. — " An act for the protection of the plant- 
ing of oysters in the county of Queens, New York." (Amended 
by Laws 1866, chap. 399; Laws 1870, chap. 93; Laws 1879, chap. 
402.) 

Laws 1866, chap. 306 — " An act for the protection of the 
planting of oysters in the towns of Islip and Huntington, county 
of Suffolk, New York. (Amended by Laws 1872, chap. 666. 
Laws 1880, chap. 240.) 

Laws 1866, chap. 404. — " An act for the better protection of the 
planting of oysters in the waters of Richmond county and of this 
State surrounding said county, and to regulate oystering and 
clamming upon beds of natural growth therein." 

Laws 1866, chap. 753. — " An act to prevent the unlawful tak- 
ing of oysters planted within the waters of the State of New 
York." (See sec. 441 Penal Code.) 

Laws 1870, chap. 234. — " An act for the preservation of shell 
fish in the waters ot South bay in Suffolk county." (Amended by 
chap. 89, Laws 1875.) 

Laws 1871, ciiap. 639. — "An act to regulate and protect the 
planting of oysters in the public waters of the towns of Jamaica 
and Hempstead, in the county of Queens." (See Laws 1872, 
chap. 667.) 

Laws 1874, chap. 549. — "An act to provide for the planting 



The Game Laws of the 

and protection of oysters in those portions of the Great South bay, 
lying in the town of Islip, Suffolk county, wherein the taking of 
clams cannot be profitably followed as a business. (See chap. 142, 
Laws 1878.) 

Laws 1878, chap. 302. — "An act in relation to the taking of 
clams, oysters and shell fish within the waters of this State, and 
dredging for tlie same." (Amended, chap. 87, Laws 1879 ; chap. 
178, Laws 1882 ; see sec. 442 Penal Code.) 

Laws 1879, chap. 384. — "An act to regulate the planting of 
oysters in the public waters of the town of Hempstead, in the 
county of Queens. 

Laws 1879, chap. 251. — " An act to authorize the formation of 
corporations in the county of Suffolk for the purpose of promoting 
the planting, cultivation, taking up and protection of oysters in said 
county." 

Laws 1880, chap. 282. — " An act for the preservation of lobsters." 

Section 1. Whoever shall sell, or offer for sale, or have in pos- 
session with intent to sell, any lobster less than ter> and one-half 
inches in length, measurement to be taken from one extremity of 
the body to the other, exclusive of claws or feelers, shall, for every 
such offense be subject to a fine of five dollars; and in all prosecu- 
tions under this act the possession of any lobster not of the length 
herein prescribed shall hQ jn'iina facie evidence to convict. 

§ 2. All forfeitures accruing under this act shall be paid one-half 
to the person making the complaint, and one-half to the city or 
town where the offense was committed. 

Laws 1880, chap. 453. — "An act to regulate the taking of clams 
and oysters in the waters of the State of New York on the south 
side of Staten Island." 

Chap. 704, Laws 1881. — "An act for the sale of oysters in all 
the cities and counties of the State of New York, and the better 
protection of the retail dealers in the same." 

Oysters may be sold in the shell by count or measure, but those 
not sold by count shall be sold in a stave measure, diujensions of 
which are provided, as follows: Bottom to be sixteen and one-half 
inches across from inside to inside ; top to be eighteen inches across 
from inside to inside, and twenty-one inches diagonal frotn inside 
chine to the top, and shall be by even or struck measure, and to be 
inspected and sealed under penalties provided. But the act does 
not affect the shipment to Europe of oysters by the barrel. 

Laws 1884, chap. 385. — " An act to cede lands under water of 
Gardiner's and Peconic bays to Suffolk county. Long Island, for the 
cultivation of shell fish." 

New York City Laws. 

Some of thelaw^s regulating oyster fishing and cultivation, in and 
about New York city, are found in the New York city Consolidation 
Act of 1882; chapter 410, Laws 1882, at sections '767, 768, 769, 



State of New York. 33 

770, which regulate the taking and planting of oysters in the Har- 
lem river and the maintenance of private beds, with penalties and 
procedure. 

Penal Code. 

Section 441. — A non-resident taking or planting oysters for his 
own or benefit of a non-resident employer is guilty of a tnisdemeanor. 
Penalty, fine of $100, or six months' imprisonment, or both. 

§ 442. — Dredging for oysters by steam or with a dreg weighing 
over tiiirty pounds prohibited and made a misdemeanor, 

§ 640, subd. 8. — To take or carry away by any means the oysters 
or shell fish of another legally planted, or to remove, pull up or 
destroy any stake designating or marking out the lea;ally planted 
oyster bed ot another is a misdemeanor. Penalty, $250 tine, or six 
months' imprisonment, or both. 



FISHWAYS. 

Chap. 555 of the Laws of 1870. 

AN ACT to provide for the construction of fish ways in the 
State dams at Troy and Fort Miller. 

Section 1. It sliall be the duty of the canal commissioners of 
this State to cause to be constructed and maintained in the State 
dams across the Hudson river at Troy and Fort Miller, in such a 
manner as not to injure the said dams, fishways, at least one toot 
in depth at the edge of the dams, and of proper width to allow all 
fisi: endeavoring to migrate to the waters of the said river above 
the dam to pass over the same. The said fishways shall be placed 
at an angle of not more than thirty degrees, and extend entirely to 
the running water below the daiiis, and they shall be protected on 
each side by an apron at least one foot in height to confine the 
waters therein. The said fishways shall be constructed under the 
supervision of the fish commissioners of this State, and be located 
at such places in said dams, and built in such manner and of such 
materials as they may direct. 

§ 2. Appropriation. 

I 3. This act shall take efi'ect immediately. 

Chap. 252 of the Laws of 1880. 

"AN ACT to provide for the construction of fishways in the 
State dams across the Oswego, Oneida and Seneca rivers." 

Section 1. It shall be the duty of the superintendent of public 
works of this State, to cause to be constructed and maintained, in 
all the State dams across the Oswego, Oneida and Seneca rivers, 
in such manner as not to injure the said dams, fishways at least 
one foot in depth at the edge of the dams, and of proper width to 

3 



:-J4 The Game Laws oi the 

allow all tish endeavoring to migrate to the waters of said rivers 
above the dams to pass over the same. The said fishwajs shall be 
placed at an angle of not more than thirty degrees, and extend 
entirely to the running, water below the dams, and shall be pro- 
tected on each side by a gunwale of at least one foot in height to 
confine the waters therein. The said fishways shall be constructed 
under the supervision of the superintendent of public works, and 
be located at such places in said dams and built in such manner 
and of such materials as he shall direct. 

§ 2. Appropriation. 

I 3. This act shall take effect immediately. 

Chap. 501 of the Laws 1884. 

AN ACT to provide for the construction of lishways in the 
State dams across the Oswego and Seneca rivers. 

The People of the State of New York, represented in Senate and 
Assemhly, do enact as follows : 

Section 1. It shall be the duty of the superintendent of public 
works of this State to cause to be constructed and maintained in 
all the State dams across the Oswego and Seneca rivers, in such 
matmer as not to injure the said dams, fishways (where not now 
constructed), at least one foot in depth at the edge of the dams, 
and of proper width to allow all fish endeavoring to migrate to the 
waters of said rivers above the dams, to pass over the same. The 
said fishways shall be placed at an angle of not more than thirty 
degrees and extended entirely to the running water below the dams, 
and shall be protected on each side by a gunwale of at least one foot 
in height, to confine the waters therein. The said fishways shall 
be constructed under the supervision of the superintendent of 
public works, and be located at sucli places in said dams and built 
in such manner and of such materials as he shall direct. 

§ 2. Appropriation. 

§ 3. This act shall take etiect immediately. 

Chap. 212 of the Laws of 1862. — "An act to facilitate the 
ingress of salmon into Cayuga lake and for the protection of the 
same," compels the owners of dams across the Oswego or other 
rivers leading from the Cayuga lake into Lake Ontario, to erect 
and maintain suitable fishways for the free passage of salmon up said 
river and over said dams to the waters in Cayuga Lake. Penalty, for 
failure to construct, one hundred dollars for each months delay ; 
any person to bring suit and to retain one-half the recovery, the 
remainder to be paid to the commissioner of highways of the 
town where such recovery shall be had, to be applied in repaiiing 
the roads and bridges in said town. To spear, catch or kill salmon 
or other fisii, within ten rods of above fishways, is punishable by 
a penalty of twenty-five dollars for each oflfense, to be collected and 
dispost^d of as above. 



State of New York. 

Chap. 55 of the Laws of 1875. 

AN ACT to prohibit fishing near any fishway estabUshed by 

the State. 

The People of the State of New Fork., represented in Senate 
and Assembhj, do enact as foUoios : 

Passed March 30, 1875; three-fifths being present. 

Section 1. The corumissioriers of fisheries of this State are hereby 
required and directed to erect and maintain at a distance of eighty 
rods from any fishway established or constructed by the State in 
any stream or water-course within its boundaries, signboards, on 
which shall be plainly painted or inscribed the words following, to 
wit : " Eighty rods to the fishway. All persons are by law pro- 
hibited from fishing in this stream between this point and the fish- 
way ; " said signboards to be erected on both sides of the stream, 
above and below the fishway. 

§ 2. No person shall catcli, or attempt to catch, fish with any 
device whatever, within a distance of eighty rods from any fishWay 
established or constructed by the State, in anj^ stream or water- 
course within its boundaries. 

§ 8. Any person violating the provisions of the second section 
of this act shall be deemed guilty of a misdemeanor, and shall be 
liable, upon conviction thereof, to a fine not to exceed twenty -five 
dollars for every offense or be subject to not more than ten days' 
imprisonment in the county jail ; said fine to be recovered before 
any justice of the peace of the county wherein the oifense may be 
committed, who shall issue his warrant for thearrest of the offender 
upon the cotuplaint of any person duly verified. 

§ 4. Any fine collected by virtue of the provisions of this act, 
shall be paid to the overseer of the poor of the town in which the 
ofiense was committed, to be applied by said overseer to the credit 
ot the poor fund of said town. 

Note. — The above act is substantially the same as sections twenty-nine and 
thirty of the Game Law of 1879, which possibly repeals it. Still, as there is a 
slight variation between the two, and a reservation from repeal of all laws relat- 
ing to the establishment of fishways in the act of 1879, it is printed for what it is 
worth - 



INCOUPORATION OF SOCIETIES OR CLUBS FOR FISH- 
ING AND HUNTING AND FOR FISH CULTURE. 

Fishing or hunting societies may be incorporated under the pro- 
visions of chapter 368 of the Laws of 1865, entitled "An act tor 
the incorporation of societies or clubs for certain social and recre- 
ative purposes," or by virtue of chapter 267 of the Laws of 1875, 
entitled "An act for the incorporation of societies or clubs for cer- 
tain lawful purposes." 



The Game Laws of the 

These acts provide that societies or clubs for social * * * 
hunting, fishing * * * or lawful sporting purposes may be 
incorporated. Their powers and liabilities are set forth in the act, 
also the manner of incorpora^tion. Under chapter 368, Laws 1865, 
it was held by the Supreme Court, in the case of The Ancient City 
Sportsman!' s Club v. Miller (7 Lans., 412), that a society or club 
could not be incorporated to enforce " all existing laws and oidi- 
nances for the preservation of game and fish," as not being within 
the intent of the Legislature, the State reserving to itself the 
power of enforcing its laws. 

Chap. 288. Laws of 1874, as Amended. 

"AN ACT to incorporate societies for the improvement of 
poultry, small birds and domestic animals, and lish 
culture." 

Section 1. Any number of persons, not less than thirteen, may 
associate and form an incorporation or company for the purpose of 
importing, raising and improving and breeding poultry, small 
birds, domestic and pet animals and fish culture, and collecting and 
disseminating useful knowledge concerning them, by holding fails, 
disbursing awards and premiums, and by publishing debates and 
transactions, and by such other lawful means as the members of 
the company may deem expedient, upon filing in the office of the 
secretary of state, and also in the office of the clerk of the county 
in which the business of said company is to be conducted, a declar- 
ation signed by all the incorporators, and acknowledged before 
any officer authorized to take the acknowledgment of deeds in this 
State, expressing their intention to form such company, together 
with a copy of the charter proposed to be adopted by tliem, and 
shall thereafter be a body corporate and politic by the name desig- 
nated in said charter. 

§ 2. Such society shall have power to elect a president, one or 
more vice-presidents, secretaries and a treasurer, and may make a 
constitution and by-laws for their government, and may hold real 
estate or other property to the value of twenty thousand dollars. 

§ 3. Societies organized under this act shall possess the powers and 
be subject to the restrictions and liabilities of title three of chapter 
eighteen of part one of the Revised Statutes. 

§ 4. The stockholders of any corporation liereafter formed under 
this act or any act amendatory hereof or sup})lementary hereto, or 
extending the operation and effect hereof, shall, in addition to the 
liabilities provided, be individually responsible equally and ratably, 
in an amount equal to the extent of their respective sliares of stock 
in such corporation. The term stockholder as used in this section 
shall apply not only to such persons as appear by the books of the 
corporation or association to be such, but also to every equitable 
owner of stock, although the same may appear on such books in 



State of New York. 37 

the name of another person ; and also to every person who shall 
have advanced the installments or purchase money of any stock in 
the name of any person under twenty one years of age, and while 
such person remains a minor, to the extent of such advance ; and 
also to every guardian or other trustee who shall voluntarily invest 
any trust funds in such stock ; and no trust funds in the hands of 
such guardian or trustee shall be in any way liable under the pro- 
visions of this act and the acts aforesaid by reason ot any such invest- 
ment, nor shall the person for whose benefit any such investment 
may be made, be responsible in respect to such stock until thirty 
days after the time when such persons, respectively, become com- ' 
petent and able to control and dispose of the same ; but the guardian 
or other trustee making such investment as aforesaid, shall continue 
responsible as a stockholder until such responsibility devolves upon 
the person beneficially interested tiierein ; and, in respect to stock 
held by a guardian or other trustee under a transfer of the same 
by a third person, or under positive directions by a third person for 
such investment, the person making such transfer, or giving sUch 
directions, and his executors and administrators shall, for the 
purpose of this act and the acts aforesaid, be deemed a stockholder; 
and the estate of such person, if he be deceased, shall be respon- 
sible for the debts and liabilities chargeable on such stock, accord- 
ing to the provisions of this act. 

§ 5. This act shall take effect immediately. 



BOAKDS OF SUPERYISOKS. 

Section 40 of the General Game Laws of 1879 repealed all acts 
or parts of acts inconsistent therewith, reserving, however, among 
others, "the laws conferring upon boards of supervisors special 
powers to legislate for the protection of fish, birds and game." 

The laws conferring these powers on boards of supervisors gen- 
erally are as follows : 

Chapter 194 of the Laws of 1849, vesting certain legislative 
powers in boards of supervisors, reads as follows: 

" § 4, subd. 13. — To make such laws and regulations as they 
may deem necessary, and provide for the enforcing of the same, 
for the destruction of wild beasts, * * * and to provide for 
the protection of all kinds of game, of shell and other fish within 
the waters of their respective counties." * * * 

(This act was declared constitutional in Smith., Supervisor of 
North Hempstead v. Levinus., 8 N. Y., 472.) 

Laws 1875, chap. 482, conferring further legislative powers upon 
boards of supervisors, provides that, among others, they are 
empowered to pass laws. 

" § 16. To provide for the protection and preservation, subject 



The Game Laws of the 

to the laws of this State, of game, animals and birds, and of fish 
and shell fish in all waters within the territorial jurisdiction ot the 
county, and to prescribe and enforce the collection of penalties for 
the violation ot any laws or regulations they may make pursuant 
to the provisions of this subdivision." 

(Tills section and section 13 of chapter 194 of tlie Laws of 1849 
are to be read together.) 

For other powers of supervisors and boards of supervisors in the 
premises, see sections 31, 37, 38 and 40 of chapter 534 of the Laws 
of 1879, as amended, hereinbefore set forth, and section 2 of chap- 
ter 591 of the Laws of 1880. as amended by chapter 317 of the 
Laws of 1883, supra. 



PENAL CODE. 



Section 433. — Using net or weir unlawfully in Hudson liiver. — 
A person who nses any net or weir for setting or attaching nets or 
a pole or other fixtures in any part of the Hudson river, except as 
permitted by statute, is guilty of a njisdemeanor. 

§ 265. — Ptihlic sports on Sunday. — Ail shooting, hunting, fish- 
ing, plaj'ing, horse racing, gaming or other public sports, exercises or 
shows upon the first day of the week, and all noise disturbing the 
peace of the day are prohibited. (See sec. 32 of chap. 534, Laws 
1879, p. 21.) 

§ 269. — Penalty. — Sabbath breaking a misdemeanor ; punish- 
able by a fine not less than one dollar and not more than ten 
dollars, or by imprisonment in a county jail not exceeding five 
days, or by both. 

§408. — Disposing of tainted food. — A person who with 
intent that the same may be used as food, drink or medicine, sells 
or offers or exposes for sale any article whatever which to his 
knowledge is tainted or spoiled, or for any cause unfit to be used 
as such food, drink or medicine, is guilty ot a misdemeanor. 

§640, subd. 10, — To kill, wound or trap any bird, deer, squirrrei, 
rabbit or other animal within the limits ot any cemetery or public 
hurying ground or of any public park or pleasure ground, or to 
remove tiie young of such animals, or eggs of such birds, or know- 
ingly to purchase the same, is a misdemeanor, punishable by 
imprisonment not exceeding six months, or a fine not exceeding 
two hundred and fifty dollars, or both. 

§ 15. A misdemeanor, where no special punishment is prescribed, is 
punishable by imprisonment in a penitentiary or county jail for not 
more than one year, or by a fine of not more than five hundred 
dollars, or both. 

(For the provisions of the Penal Code for the protection of 
oysters and other shell fish, see page 33.) 



State of New York. 39 

BAY CONSTABLES. 

Laws 1875, chap. 89. — " An act providing for the election of bay 
constables in the towns of Brookhaven, Islip, Babylon and Hunt- 
ington, in the county of Sufltblk, and to define tlieir duties; also 
to repeal section eight of chapter two hundred and thirty-four of 
the Laws of eighteen hundred and seventy, entitled ' An act for the 
preservation of shell fish in the waters of the South bay, Suffolk 
county.' " 

Laws 1875, chap. 402. — " An act providing the election of bay 
constables in the town of East Hampton, in the county of Suffolk, 
and to define their duties." (See sec. 35, Game Law of 1879.) 



NEW YORK CITY GAME LAWS. 

Special and local laws afiecting fish, game and birds in New 
York city can be found in the Consolidation Act of 1882, chapter 
410, Laws of 1882, at sections 736, 737, 738, 739 and 743, relating 
to fish, fishing, nets, fykes, poles, etc., and providing penalties for 
illegal fishing and netting, contrary to its provisions. 

Section 2025 relates to song birds in New York cit}^, prohibits 
their killing, etc., and regulates their having in possession. 

Section 1306 authorizes any justice of a district court to issue, 
.under certain restrictions, warrants of arrest and search warrants 
under the game laws of this State. 

Chap. 361 of the Laws 1879. 

AN ACT for the preservation of song and small birds. 

Section 1. No person shall kill, wound, trap, net, snare, catch 
with bird lime, or with any similiar substance or drug, or in any other 
manner capture, or sell, expose for sale or transport, during the 
months of April, May, June, July, August, September or October 
in any year, any bird of song, or any linnet, blue bird, yellow 
hammer, yellow bird, thrush, woodpecker, cat bird, pewee, swallow, 
martin, blue jay, oriole, kildee, snow bird, grass bird, gross beak, 
j)hoebe bird, humming bird, black bird, wren, excepting birds bred 
in a cage or imported from Europe or the southern United States. 
No person shall kill or expose for sale, or have in his possession 
after the same has been killed, any robin, meadow lark, or starling 
between the first day of January and the fifteenth day of October, 
save only when such birds are killed on premises of the persons 
killing, and while they are destroying fruit. This section shall not 
apply to any person who shall kill any bird tor the purpose of 
studying its habits or history or having the same stufied and set up 
as a specimen. This act shall apply only to the counties of New 
York, Kings, Albany, Richmond, and Rensselaer. 



The Game Laws of the 

§ 2. Any person violating this act shall be deemed guilty of a 
noisdemeanor, punishable by imprisonment in the comity jail or 
penitentiary, of not less than five or more than thirty days, and 
shall also be liable to a penalty of fitty dollars, to be recovered with 
costs, by any person sning therefor in his own name 

§ 3. In all actions for the recovery of penalties under this act, 
one-half of the recovery shall belong to the plaintiff, and the 
remainder shall be paia to the county treasurer of the county 
where the offense is committed, except if the offense be committed 
in the city and county of New York then said remaining half 
penalty shall be paid to the chamberlain of said city. 

Chap. 416 of the Laws of 1881. 

AN ACT to exempt the waters of Otsego lake from the pro- 
visions of sections eighteen, twenty and twenty-three of 
chapter five hundred and thirty-four of the Laws of eighteen 
hundred and seventy-nine, entitled '* An act for the preser- 
vation of moose, wild deer, birds, fish and other game, and 
from the provisions of said section twenty-three as amended 
by chapter four hundred and thirty-one of the Laws of 
eighteen hundred and eighty — repealing section eight of 
chapter four hundred and thirty-one or the Laws of eighteen 
hundred and eighty — and for the protection and preserva- 
tion offish in the waters of Otsego lake." 

The People of the State of New York^ represented in Senate and 
A ssemhly, do enact os follows : 

Section 1. The waters of Otsego lake, in the county of Otsego, 
are hereby excepted from the provisions of sections eighteen, twenty 
and twenty-three of chapter five hundred and thirty-four of the 
Laws of eighteen hundred and seventy-nine, and from the provi- 
sions of said section twentj^-three as amended by section one of 
chapter five hundred and thirty-one of the Laws of eighteen hun- 
dred and eighty. 

* * * •jfr * * * 

§ 3. Until the board of supervisors of the county of Otsego shall, 
under and in pursuance of section thirty-seven of chapter five hun- 
dred and thirty-four of the Laws of eighteen hundred and seventy- 
nine, make provisions for the protection and preservation and 
regulating the taking of fish from the waters of said Otsego lake, 
no person shall kill or catch or attempt to take, kill or catch any 
fish in the waters of Otsego lake in any manner or with any 
device except angling with liook and line held in hand. Any 
person violating the provisions of this section shall be deemed 
guilty of a misdemeanor, and in addition thereto shall be liable to 
pay a penalty of one hundred dollars for each and every offense to 
be recovered, as provided in section thirty-three of chapter five 



State of New Yofk. 41 

hundred and thirty-four of the Laws of eighteen hundred and 
seventy-nine, and as provided in chapter five hundred and thirty- 
one of the Laws of eighteen hundred and eighty. 
§ 4. This act shall take effect immediately. 

Chap. 185 of the Laws of 1884. 

AN ACT for the better protection of game in Richmond 

county. 

The People of the State of New York^ represented in Senate and 
Assembly^ do enact as follows : 

Section I, From and after the passage of this act, it shall not be 
lawful for any nonresident of the county of Richmond to shoot 
game in any of the towns ot said county without having first 
obtained from a justice of the peace, living in said county, a license 
for the privilege of so doing. The fee for such license, which shall 
be good only during the year in which it is granted, shall be ten 
dollars, and shall be granted as of course by the justice applied to, 
unless he has proof that the applicatit has been convicted ot a viola- 
tion of this act. 

§ 2. The money so received by said justices of the peace for such 
license fees shall be paid by them monthly to the treasurer of said 
county of Richmond. 

§ 3. Any person violating any of the provisions of this act shall, 
upon conviction, be fined not less than ten nor more than twenty- 
five dollars. 

§ 4r. This act shall take effect immediatel}'. 

Chap. 247 of the Laws 1884. 

AN ACT for the preservation of fish in the Hudson river. 

The People of the State of New York, represented in Senate and 
Assembly^ do enact as follows : 

Section 1. No person shall draw or use any seine, or catch or 
kill any fish by means of any seine in any of the waters of the 
Hudson river contained, between any trestle or bank of any railroad 
running along said river and the adjacent bank of said river. And 
au}^ person violating any of the provisions ol this section shall be 
deemed guilty of a misdemeanor. 

§ 2. This action shall take effect immediately. 



The Game Laws of the 

Chap. 485 of the Laws 1885. 

AN ACT relating to game in the counties of Queens and 

Suffolk. 

Passed June 11, 1885. 
The People of the State of New York^ 'represented in Senate 
and Assembly^ do enact as follows : 

Section 1. No person shall kill, or have in possession after the 
same has been killed, in the coiiDties of Queens and Suffolk, any 
ruffed grouse, commonly called partridge, from the first day of 
January to the first day of November in each year, under a pen- 
alty of twenty-five dollars for each bird or animal so killed or liad 
in possession. 

§ 2. No person shall, in said counties, kill or have in possession 
any bay snipe, sandpiper, shore bird or plover from the first day of 
January to the tenth day of July in any year, or any rail bird or 
meadow hen from the first day of January to the first day of Sep- 
tember in any year, under a penalty of ten dollars for each bird so 
killed or had in possession. 

§ 3. All penalties imposed by this act may be recovered, with costs 
of suit, as fixed by the Code of Civil Procedure, by any person in 
his own name, or by any incorporated society in its name, before 
any justice of the peace in the county where the offense was com- 
mitted, or in any adjoining county, where the amount recovered 
does not exceed the jurisdiction of said justice, and sucli penalties 
may be recovered in the like manner in any court of record in said 
counties, 

§ 4. Any person violating any of the provisions of tliis act shall 
be deemed guilty of a misdemeanor, and, upon conviction, shall be 
punished by a fine of not less than five dollars, or of not more than 
at the rate of one day for every dollar of the penalty provided by 
the section so violated, or by imprisonment in the county jail or 
penitentiary for a period of not less than five days nor more than 
at the rate of one day for every dollar of any such penalty, or by 
both such tine and imprisonment in the discretion of the court. 

§ 5. This act shall take effect immediatel}'. 

Chap. 556 of the Laws 1885. 

AN ACT to prevent the taking of fish from the waters of 
Chautauqua lake, by other means than angling. 

Passed June 13, 1885. 
The People of the State of New York^ represented iti Senate 
and Assembly, do enact as follows : 

Section 1. No person shall at any time kill in Chautauqua lake, 
or take from the waters thereof any fish of any kind, except as 
taken by the commissioners of fisheries for the purpose of artificial- 



State of New York. 43 

propagation or the stocking of other waters by any device or 
means whatever, otherwise than by hook and line. 

§ 2. No person shall have in his or her possession, at any time, 
in or upon the ice or w^aters of Chautauqua lake, any trap or pound 
net, stake poles, fish house, spear, instrument or device of any 
kind which may be used for killing or taking fish, except a hook 
and line. 

§ 3. Any person violating this act shall be guilty of a misde- 
meanor and liable to a penalty of fifty dollars for each offense. 

§ 4. All penalties imposed by this act may be recovered with 
costs of suit before any justice of the peace in any town bordering 
on Chautauqua lake or in a court of record in Chautauqua county. 
The district attorney of said county is hereby required to com- 
mence, in the name of the people of the State of New York, for 
the recovery of the penalties hereby alh^wed, immediately upon 
receiving proper information of the violation of this act; and any 
penalty so recovered in a court of record shall be paid to the 
superintendent of the poor of said county for the benefit of said 
county poor. One-half of the penalty recovered under this act • 
ebfore any justice of the peace shall belong to the person giving 
information upon which the action is brought, and the other one- 
half shall be paid to the supervisor of the town in which the action 
is brought, for the use of said town. All judgments for penalties 
recovered under this act, with the interest thereon, may be col- 
lected and payment enforced thereon by execution, and in case of 
failure to pay the same or any part thereof, the person on whom 
such penalty is imposed shall be committed to the county jail of 
said county for a period of not less than ten days, and at the rate 
of one day for every dollar thereof Such imprisonment shall not 
be a satisfaction for such judgment. All charges under this act 
when made before a justice of the peace shall be a town charge; 
when in a court of record, a county charge. 

§ 5. That portion of chapter four hundred and eighty-two of the 
Laws of the State of New York, passed eighteen hundred and 
seventy-five and chapter one hundred and twenty-two of the Laws 
of New York, passed eighteen hundred and seventy-eight, and all 
other acts or parts of acts as are inconsistent or conflicting with 
this act, relative to the taking of fish from Chautauqua lake, or 
relative to the powers conferred upon the board of supervisors to 
regulate such taking of fish from Chautauqua lake, are hereby 
repealed. 

§ 6. This act shall take effect immediately. 



44 The Game Laws of the State of New Fork. 

Chap. 557 of the Laws 1885. 

AN ACT for the better preservation of wild deer. 

Passed June 13, 1885. 

The People of the State of New YorTc^ represented in Senate and 
Assenibly, do enact as follows : 

Section 1. No person shall hunt or pursue any wild deer in this 
State with any dog or bitch, except in the county of Suffolk, where 
it shall be lawful to hunt with dogs during the first ten days of 
October, excluding Sundays, in each year. If any dog or bitch 
shall be found so hunting or pursuing in the State, it shall ho p?'ima 
facie evidence of the" violation of the foregoing provision of this 
section by the owners of, or person or persons having or harboring 
such dog or bitch. Any person offending against any of the pro- 
visions of this section shall be guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of fifty dollars for each 
and every such violation to be sued for and recovered as provided 
by chapter five hundred and thirty-four of the Laws of eighteen 
hundred and seventy-nine, as amended, for the recovery of the 
penalties thereby imposed. 

§ 2. This act shall take effect immediately. 



INDEX. 



ADIRONDA.CKS, page. 

stocking in region of 15 

fish haicheiy to be established in 30 

ANGLKR'8 ASSOCIATION, ST. LAWRENCE RIVER, 

officers of 3 

members of 4 

ANGLING WITH HOOK AND LINE, 

in Lake Ontario 16 

in Onondaga lake 16 

in Niagara river 16 

in Oneida lake 16 

in Seneca lake 16 

in Cross lake 16 

in St. Lawrence river 16 

in Hudson river 16 

in Lake Ontario 16 

in Black lake .' 17 

in Mud lake 17 

in Yellow lake 17 

penalty for not 17 

in Otsego lake 40 

in Chautauqua lake 4'4 

ALDERMEN. BOARD OF. 

in New York City 23 

may employ special detectives .... 22 

may pay awards 23 

may raise tax 32 

BASS, 

in Lake Mahopac 15 

in Columbia county 15 

in Schrooii lake 15 

in Paradox lake . 15 

in Friends lake . . 15 

in Lake George 15 

ill Brant lake 15 

black bass 15 

Oswego bass 15 

striped bass 15 

in St. Lawrence river 15 

in Clyde river 15 

in Seneca river 15 

in Oswego river 15 

in Lake Erie ... 15 

in Lake Ontario 15 

in Lake Conesus 15 

in Niagara river 15 

size of bass 15 

sale of bass 15 

weight of bass 15 

BAY CONSTABLES, 

duties of 22 

penalties for failure to act 22 

powers of ... 23 

in Brookhaven 39 



46 Index. 

BK.Y CONSTABLE'S,— Continued. paob. 

in Islip 39 

in Babylon 39 

in Huntington 39 

in East Hampton 89 

BIRD LIME, 

prohibited ... 39 

BIRDS, 

song and small 12 

shall not be killed or had in possession 12 

except for specimens 12 

birds named 12, 39 

in New York city 39 

under Penal Code. 38 

preservation of song and small birds, act for 39 

exceptions 39 

penalties 40 

penalties, how divided 40 

BIRDS, WILD, 

eagle 12 

night hawk 12 

may be killed for specimens 12 

nests are not to be robbed or destroj^ed 12 

crows, black birds, hawks and owls excepted 12 

BITCHES, 

not to pursue wild deer with 44 

BL A.CK BASS 15 

BRANT, 

when may be killed 10 

on Long Island 10 

penalty for 10 

when may be had in possession 10 

floating battery prohibited 10 

decoy prohibited 10 

Great South bay 1 

Peconic bay 1 

Shinnecock bay 1 

Lake Ontario 1 

not to sail for by steam or sails 1 

Long Island Sound excepted ■ . . . 1 

Lake Ontario excepted 1 

Hudson river below Nyack excepted 1 

not to be killed between sunset and daylight 10 

hunting with light or lantern 10 

person in water with gun and hintern 10 

swivel or punt gun prohibited .... 10 

nets or other devices prohibited 10 

CALIFORNIA TROUT 25 

CANADA PARTRIDGE. 

{See Partridge.) 

CHAUTAUQUA LAKE, 

taking of fish from, except by angling, prohibited .42 

penalties 43 

how enforced 43 

CLAMS. 

{See Shell Fish.) 
CLUBS. 

{See Societies.) 



Index. 47 

CONSTABLE, '^ob- 

duties of 22 

penalties for failure to act 22 

powers of 22 

COMMISSIONERS OF FISHERIES. 

names of . . . 3 

to erect sign-boards at State fish-ways 20 

to erect sign-boards at State hatcheries 20 

laws relating to, unrepealed 25 

to direct and control game and fish protectors 27 

to divide the State into protection districts 27 

to assign protectors for temporary duty 27 

to assign each protector a district 27 

to report protectors to Governor. 28 

fish commission established 28 

duties of commissioners 28 

vacancies in otfice 28 

a commissioner to reside either in Kings, Queens or Suffolk 28 

may sue for penalties 28 

may take fish for propagation 14, 29 

how to stock the Adirondacks 15 

appropriation for, to stock public streams 30 

to establisli fish hatchery in the Adirondack forest : . . 30 

COTTON'S DAM 16 

COUNTY TREASURER, 

to satisfy judgments 26 

to receive fines 26 

to pay expenses of suits 86 

to pay witness fees and disbursements on the requisition of the district 

attorney 26 

to pay one-half of fines into State treasury 26 

to pay game protectors oue-balf of fines and penalties collected 26 

to pay expenses of destruction of nets •. 27 

COURTS, 

having jurisdiction 22 , H9 

to issue warrants 24 

how issued 24 

when issued 24 

against non-residents . ... 24 

to issue search warrants 24 

DEER, 

wild, when may be killed or chased 9 

when may be sold 9, 23 

transported or bad in possession 9 

not to be trapped or killed by trap or spring gun 9 

in Queens and Suffolk counties 9 

not to be pursued with dogs in St. Lawrence county 9 

not to be yarded 10 

penalty 10 

penalty for killing, pursuing with dogs, or having in possession 9 

not to be hunted or pursued with dog or bitch, Suffolk county excepted, 44 

not to be killed by crusting 10 

penalty 10 

DETECTIVES 22 

DISTRICT ATTORNEY, 

to prosecute actions for penalties 21, 26 

costs 21, 26 

may discontinue actions without costs 25 



48 Index. 

DISTRICT ATTOB.l^i'EY— Continued. taqt. 

may retain costs if collected 26 

to satisfy judgments 26 

to certify to action brought by game protector , 26 

DOGS, 

in actual pursuit of wild deer may be killed 9 

not to pursue wild deer with 44 

in private parks 20 

DUCK, WILD, 

not to be killed between sunset and daylight 10 

hunting with light and lantern 10 

person on water with gun and lantern 10 

swivel or punt gun prohibited 10 

nets or other devices prohibited ... 10 

when may be killed or exposed for sale 10 

on Long Island 10 

penalty for 10 

when may be had in possession 10 

floating battery prohibited 10 

decoy prohibited 10 

Great South bay 1 

Peconic bay 1 

Shinnecock bay .• 1 

Lake Ontario ... 1 

not to sail for by steam or sails 1 

Long Island Sound excepted 1 

Luke Ontario excepted 1 

Hudson river, below Nyack, excepted 1 

FAWN, 

in its spotted coat, not to be killed 9 

not to have in possession carcass 9 

or skin of, after killed , 9 

penalty for killing ; 9 

having in possession 9 

FERRICTS 11 

FINES 22 

to whom to be paid 22, 26 

how enforced 22 

in New York city . . 22 

one-half to be paid to game protectors 26 

FISH AND GAME PROTECTORS. 

{See Protectors of Fish and Game.) 

FISH COMMISSIONERS. 

{See Commissio tiers of Fisliei-ies.) 

FISH CULTURE, 

societies may be formed for 36 

FISH HATCHERIES. 

{See Gommissioners of Fisheries and Fish- Ways.) 

FISHING WITH HOOK AND LINE. 

{See Angling.) 

FISH- WAYS, 

in the State dam at Troy 33 

at Fort Miller 33 

across Oswego river 33, 34 

across Oneida river 33 

across Seneca river 33, 34 - 

sign-boards at 20, 35 



Index. 49 

FISH-WAYS — Continued. pagb. 

Fishing within eighty rods of State fish- ways prohibited 20, 35 

destroying or defacing sign-boards prohibited 20 

for salmon 34 

FOWL, WILD, 

not to be sailed for or shot at from vessel propelled by steam or sails. . . 11 
Long Island Sound, Lake Ontario and Hudson river below Nyack 

excepted 11 

GAME CONSTABLE, 

duties of 22, 23, 24 

powers of 22, 23 

penalties for failure to act 22, 24 

boards of supervisors to provide for election of 23 

in Kings county 23 

term of office of 23 

how chosen 23 

compensation of 24 

costs of suit a county charge 24 

to receive one-half of penalties recovered 24, 25 

GOOSE, WILD, 

when may be killed 10 

on Long Island 10 

penalty for 10 

when may be had in possession 10 

not to be killed between sunset and daylight 10 

hunting with light or lantern 10 

person on water with gun and lantern 10 

swivel or punt gun prohibited 10 

nets or other devises prohibited 10 

floating battery prohibited 10 

decoy prohibited ... 10 

Great South bay 11 

Peconic bay 11 

Shinnecock bay 11 

Lake Ontario 11 

not to sail for by steam or sails 11 

Long Island sound ex<;epted 11 

Lake Ontario excepted 11 

Hudson river below Nyack excepted II 

GROUSE, 

(See Partridge and Prairie Chicken.) 

HARE, 

when may be killed, exposed for sale, or had in possession 11 

orchard and nursery owners excepted 11 

when may be sold or had in possession 22 

HUDSON RIVER, 

act for the preservation of fish in 41 

LAKE GEORGE, 

fishing in 16 

LAKE TROUT 15 

LAWS, 

repealed 25 

LOBSTERS. 

{See Shell-fish.) 

MISDEMEANOR, 

how punished under Penal Code 38 

how punished under game laws 32 

4 



50 Index. 



MOOSE, 



PASE. 



Dot to be killed, chased with dogs or taken 10 

not to be had in possession after killed or taken 10 

penalty 10 

MUSCALONGE 15 

NETS, 

prohibited 13 

Lake Ontario excepted 13 

Oswego river 13 

Lake Ontario 13 

Niagara river 13 

private wai ers 13 

contraband, when 26, 27, 17, 14 

nuisances, when 26, 27, 14 

mny be destroyed, when 26, 27, 17, 14 

in possession on shore 17 

size of meshes of nets and fykes 18 

in Richmond county 18 

Long Island 18 

menhaden nets 18 

Lake Ontario. . 18 

Lake Erie 18 

Hudson river 18 

(/Oney Island creek 18 

for bait 1^ 

for eel fishing 18 

in Great South bay 18 

for flounder fishing 18 

fish netted not to be sold '. 18 

Walkill river 19 

destruction of, a county charge 27 

fish commissioners to take possession of confiscated nets 30 

shad nets ^0 

NESTS, 

robbing of 12 

excepiions 12 

under Penal Code 38 

in New York city 39 

NEW YORK CITY 32, 39 

shell fish in 32 

fish in 39 

game in 39 

birds in 39 

netting in ?9 

song birds in 39 

warrants of arrest in 39 

search warrants in 39 

OSWEGO BASS 15 

OTSEGO LAKE. 

exempted from provisions of game law 1879 40 

supervisors of Otsego county to make special laws for 40 

netting in, prohibited 40 

penalties - 40 

OYSTERS. 

■ {See Shell Fish.) 

PANTHER, 

State bounty for 20 

proof of killing r ^ 

bounty, how paid 21 



Index. 51 

PARTRIDGE, page. 

when may be killed, exposed for sale or had in possession 12 

nets, traps or snares prohibited 12 

nets, traps or snares may be destroyed 12 

selling trapped, prohibited 12 

Canada or spruce e;rouse 12 

when may be sold or had in possession 22 

PENAL CODE, 

using net in Hudson river, except as permitted by statute, a misdemeanor, 38 

public sports on Sunday 38 

hunting on Sunday prohibited 38 

fishing on Sunday DrDhibited 38 

disposing of tainted food prohibited 38 

to kill or catch an animal or bird in a public park or cemetery prohibited, 38 

penalties 38 

misdemeanor, how punished 38 

non-resident taking or planting oysters 33 

dredging for oysters by steam 33 

dredging for oysters with a dredge weighing over thirty pounds 33 

removing or destroying stakes 33 

PENALTIES. 

how lecovered 21 

where suit to be brought 21 

cosi s of suit 21 

district attorney to prosecute 21 

judgments, how enforced 21, 29 

if collected, how distributed 24, 25 

to be sued for by commissioners of fisheries 29 

PRAIRII': CHICKEN, 

when may be killed, exposed for sale or had in possession 12 

nets, traps or snares prohibited 12 

nets, traps or snares may be destroyed 12 

selling traps prohibited 12 

when may be sold or had in possession 22 

PROTECTORS, FISH AND GAME 25 

names of 6 

number of 25 

duty of : 25 

terms of office of 26 

vacancies 26 

to receive one-half of fines and penalties recovered 24, 25, 26 

to make certificate of destruction of nets 27 

may arrest without warrant 27 

salary and expenses of 27 

to report to (comptroller annually 27 

to report to fish commissioners monthly : . . : 28 

to be reported to the governor for dereliction or neglect of duty 28 

removal of 28 

PRIVATE PARKS, 

sign boards to be erected . . 13, 19 

notice not to trespass may be served 13, 19 

penalty for injuring sign-boards 13, 19 

game in 19 

trespassing prohibited 12, 19, 20 

hunting and fishing in, prohibited 20 

boards of supervisors cannot legislate for. 23 

poisoning fish in I 20 

poisoning game in 20 

malicious mischief in 20 

dogs in 20 



52 Index. 

PRIVATE STREAMS. page. 

fishing in, prohibited , 12 

notice of privacy of stream to be given i2 

signboards to be erected 13 

notice not to trespass may be served 13 

penalty for injuring sign-boards 13 

defined 14 

QUAIL, 

when may be killed, exposed for sale or had iu possession 11 

in Montgomery county 11 

in Albany county 11 

in Schenectady county 11 

in Saratoga county 11 

nets, traps or snares prohibited 12 

nets, traps or snares may be destroyed 12 

selling trapped, prohibited 12 

when may be sold or hud in possession 23 

QUEENS COUNTY, 

deer in 9, 42 

relating to game in 42 

trout in 14 

RABBIT, 

when may be killed, exposed for sale or had in possession 11 

orchard and nursery owners excepted 11 

when may be sold or had in possession 22 

REPEAL OF LAWS 25 

REWARDS 22 

RICHMOND COUNTY, 

protection of game in 41 

ST. LAWRENCE COUNTY, 

not lawful to pursue wild deer with dogs 9 

ST. LAWRENCE RIVER, ANGLERS' ASSOCIATION OF 15, 16 

{See Anglers^ Association.) 

SALMON, 

how to be caught ._ ... 13 

in Lake Ontario 13 

in Niagara river 13 

when to be caught 14 

size of 14 

not to be caught for re-stocking 14 

State excepted 14 

private hatcheries excepted 15 

fish-ways for ingress of, into Cayuga lake 34 

into Lake Ontario 34 

catching within ten rods of fish ways prohibited 34 

penalty for 34 

SALMON TROUT 15 

SEARCH WARRANTS 24 

in new York city 39 

SHAD, 

when may be caught 29 

penalty for illegal catching 29 

to be propagated by fish commissioners 29 

SHELL FISH, 

dredging for clams, oysters and shell fish .... -32 

planting oysters in town of Hempstead 32 



Index. 53 

SHELL FISH — Continued. page. 

societies for planting, etc., oysters 32 

lol)Sters 33 

size of 33 

penalty 32 

taking of, regulated south of Staten Island 33 

Staten Island, waters of 33 

oysters to be sold by count or measure 38 

dimensions of measure 33 

Gardner's and Peconic bay, cultivation in 33 

New York city laws 33, .S3 

Harlem river 33 

non-residents taking or planting oysters guilty of a misdemeanor 33 

in the Hudson river 31 

Jamaica bay 31 

towns of Hempstead and Jamaica 31 

Queens county 31 

towns of Islip !ind Huntington 31 

in Richmond county 31 

unlawful taking of 31 

South Bay 31 

Great South Bay 31 

dredging for oysters by steam prohibited 33 

dredging with dreg weighing over tliirty pounds prohibited : 33 

to steal oysters a misdemeanor 33 

stakes marking out or designating oyster beds not to be moved, pulled 

up or destroyed 33 

SHERIFF, 

duties of 32 

penalties for failure to act 22 

powers of 23 

SOCIETIES 35 

may be incorporated for hunting 36 

for fishing 36 

for lawful sporting purposes 36 

for improvement of poultry 36 

small birds 36 

domestic animals 36 

fish cuHure 36 

SONG BIRDS, 

{See Birds, song and small.) 

SPRING GUN 9 

penalty 9 

SPRUCE GROUSE, 

{See Canada Partridge.) 

SQUIRREL, BLACK, 

when may be killed, exposed for sale or had in possession 11 

SQUIRREL, GREY, 

when may be killed, exposed for sale or had in possession 11 

STATE FISHERIES, 

(See Commissioners of Fislieries and Fish-ways.) 

STATE LANDS OR WATERS, 

not to be leased 13 

STRIPED BASS 15 

SUFFOLK COUNTY, 

deer in 9, 42 

trout in 14 



54 Index. 

SUFFOLK COIJ^TY — Continued. paoe. 

when lawful to pursue wild deer with dogs and bitches in 44 

relating to game in 42 

SUNDAY, 

shooting, trapping, hunting or caging birds or beasts prohibited 38, 21 

having in possession implements for same prohibited 21 

fishing 38 

SUPERINTENDENTS OF HAT(;HER1ES, 

names of superintendents 3 

SUPERVISORS, BOARDS OP, 

no authority over lands and waters wholly private 23 

to authorize election of game constables in towns 23 

in Kings county 23 

to audit and allow costs of suit 23 

to raise tax 22 

may employ special detectives. 22 

may pay awards 22 

may make laws for the protection of game 28, 37, 38 

may prohibit hunting and fishing in counties 23 

laws to be published 23 

certified copy of same to be filed in clerk's oflBce 23 

TAX, 

may be raised 22 

supervisors to raise tax 22 

TONAWANDA CREEK 16 

TRESPASSING, 

prohibited 12, 19, 20 

notice not to trespass 13 

sign boards to be erected 13 

notice not to trespass may be served 13 

penalty for injuring sign-hoards 13 

TRAPS, 

for wild deer prohibited 9 

penalty 9 

TROUT, 

how to be caught IS 

speckled 13 

brook 13 

salmon 13 

when to be caught 14 

Queens county 14 

Suffolk county 14 

California trout 14, 25 

size of 14 

not to be caught for re-stocking 14 

State excepted 14 

private hatcheries excepted 15 

salmon trout in the inland lakes ^ 15 

lake trout 15 

VENISON, 

fresh, may be sold, transported or had in possession, when 9. - 23 

WARRANTS, 

courts to issue 24 

how issued 24 

when issued 24 

for non-residents 24 

search warrants 24 



Index, 55 

WARRANTS — Continued. page. 

i!;ame protector may arrest without warrant 27 

in New York city 39 

WATER. 

shutting or drawing off, prohibited 16 

polluting of, prohibited 17 

WOLVES, 

state bounty for 20 

proof of killing ... 20 

bounty, how paid ... 20 

WOODCOCK, 

when may be killed, sold or had in possession 11 

in Oneida county 11 

in Delaware county 11 

when may be sold or had in possession 23 



57 




We Have Recently Opened a Retail Dep't 

From which we are prepared to 

SUPPLY ANGLERS 

With our well-known manufactures, embracing 

FISHING TACKLE 

OF EVERY DESCRIPTION. 




If your dealer does not keep our goods in stock, do not let 

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MAGNIFICENTLY ILLUSTRATED CATALOGUE 




Which contains more than twice as many wood cuts as are in 
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ABBEY & IMBRIE, 

18 Vesey Street (fourth door from Aator House), New Yovk City. 

5 



58 



Season 



J}[olisaqd jslaqd Holise, 

ALEXANDRIA BAY, N. Y. 



i88i. 




^HIS popular Hotel, during the past two yearp. has been classed by its patrons with the 
finest hotels of the irreat watering-places. It has been thoroughly refitted and renovated 
for the coming season. 

A general reduction in prices for the coming season, especially dnrine the months of June 
and September. 

The Thousand Island House is situated at Alexandria Bay, directly on the famous and 
historic river St. Lawrence — its scenery is absolutely nnequaled. It has become a well-noted 
fact that there is actually no other region of resort in Anieri<fi combininar fo many attractive 
elements in summer-time as the grand archipelago called the Thousand Islands, and drawing the 
line still closer, there is no other place having so many attractions, all points considered, as the 
Thousand Island House 

The grand and chantreless St Lawrence pret'ents some features which are unique. Being 
the outflow ol the great inland seas, its water is always perfectly pure. It is never subject to 
floods, and ii has been noted by observant visitors, that iu midsummer among the Islands and 
within a mile or so of the river, there is no dew at night ( the fact is explained in the same 
manner as the existence of the well-known thermal belt along Niagara River). Malaria' and 
hay fever unknown here. 

In fitting this house to suit the best custom of the country, especial regard for the comlbrtof 
families has been considere J, and in its refltting, furnishing and all its details it will be first-class. 



C. P. CLEMES, Manager. 



R. H. SOUTHGATE, Proprietor. 



Terms, SIY.SO to $28. OO. 



59 



r-'c 




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'^ 




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A 




w012y--rm"'] 


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fiijjif 




S@a$oin) 



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loilg ^eactt Hotel. 

LONG BEACH, LONG ISLAND. 

Taie Ferry foot of East '^<\th Sti-eet. 

fHE charmina; cliraale of Long Beach, its cool breezes, the absence of mosquitoes and tlie 
ordinary plagues of summer waterini;-plrtces, its easy accessibility to New York, and the 
class of people that ha* already contrihuted to its character — all these have established 
it as the First of all Kesorts on the Atlantic Coast. 

The natural conditions, the topography of the beach, and the tidal flow, has made the location 
without a rival in a sanitary point ol view. The climate is a specific for hay fever, and lor all 
such stubborn ailments. 

It is now conceded that there is no such bathing beach anywhere on the sea-coast as at Long 
Beach. The fishing for the last two seasons has been better here than at any other point on 
the Long Island coast. Boats for rowing, sailing and blue fishing will be provided ; and all the 
diversions for which the south side of Long Island is celebrated will be enjoyed this summer 
iu their lullest degree by the guests at the Long Beach Hotel. 

A large Bowling-alley has been added, which is a constant source of amusement for ladies 
and children. Hot salt water baths. 

This immense hotel was completely remodeled in 1882. 

The best musical talent has been engaged. 

Frequent and Fast Trains through from Hunter's Point and Broolvlyn, will be run by the 
Long Island Railroad, making the time to the Beach in forty-five minutes, with no change of Cars. 

Special rates for families. Terms $17.00 to $28,00. 



SOUTHGATE, MURRAY & WILKINSON, Proprietors. 



60 

Messrs. W. S. KIMBALL & CO^, 

Desiies to call particular attention to the following brands of fine 
smoking tobacco, manufactured expressly with a view of 
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Nlixrtiares tor Pipe or Cigtirette. 

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Connecting at Cape Vincent with PALATIAL STEAMERS, making two round trips 

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Address the General Passenger Agent, Oswego, N. Y., for a copy of a Handsomely Illustrated 
H. M. BRITTON, &en'l Manager. Tourist Guide. .^ p p^ggQjjg, (jen'l Pass. Agent, 



61 



Published by THE ANGLERS' PUBLISHING CO., 252 Broadway, New York. 
<■ ♦ ■» 

The Angler's Guide Book. 

Compiled and edited by Wm. C. Harkis, editor Avieiican 
Angler. Just out. Contains the names and location of more than 
10,000 rivers, lakes, ponds and streams in the United States and 
the Canadas, with directions how to reach them ; hotel charges ; 
cost of guides, boats, bait, &c. : also species of fish caught ; which 
variety is most abundant ; the best month to fish for them ; best 
baits ; the favorite grounds of local anglers, &c., &c. It consists 
of more than 250 pp.. of solid nonpariel type ; is printed on tinted 
paper and handsomely bound in cloth and gold. Price $1.00. 

The American Angler. 

A Weekly Journal devoted exclusively to fishing and fish 
culture ; twenty-four pages ; illustrated. Invaluable to the angler 
and fish culturist. Seth Gref.n has charge of the Fish Culture 
Department. Issued on Saturdays. Subscription, $3 a year. 
Specimen copies free. 

The Angler's Score Book. 

Contains blank forms ( with stubs ) for registry of fish caught ; 
their species, size, weight, baits used, waters fished in, with con- 
ditions of wind, water and weather. Pocket size, paper cover, 
10 cents ; in limp cloth, 25 cents. 

The Fishes of the East Atlantic Coast. 

A practical book on the salt-water fishes of the Atlantic Coast, 
giving the scientific and popular descriptions, habits, habitat, when, 
where and how to catch them, of forty-two fishes that are caught 
with hook and line ; twenty-eight engravings drawn from nature. 
Handsomely bound in cloth. Price $1.50. 

Portraits of Game Fishes. 

On gray tinted Bristol board, 7x9 inches, at the following 
prices, post-paid : Single copies, 10 cents ; Fresh Water Series (23), 
at $2.00; Salt Water Series (37) at $3.50; Whole Series (60), at 
$5.00. The list includes all the game fishes of American waters. 
Descriptive Catalogue free. Address 

THE AMERICAN ANGLER, 252 Broadway, New York. 



62 



Valuable Books for Sportsmen, 



FLY RODS AND FLY TACKLE. 

Suggestions as to their Manufacture and Use. By Henry P. Wells. Illustrated. 
Pp. 364. Post 8vo, Illuminated Cloth, $2.50. 
Contents. — Fish Hooks and the Principles which Govern their Efficiency — 
How Fish Hooks are Made. — Lines. — Leaders. — Reels. — Rods and Rod Material. — 
Rod Making. — Repairs. — Casting the Fly. — Flies and Fly-Fishing. — Miscellaneous 
Suggestions. 

Mr. Wells has devoted more time and | 
attention to the materials used in fly- j 
fishing than any person we know of, and 1 
his experience is well set forth in this 
most valuable book. * * The author 
is an amateur rod-maker who has ex- 
perimented with every wood known to 
rod-manufacturers, as well as with some 
that are not known to them, and there- 
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subject. This chapter and the one fol- 
lowing form the most perfect treatise on 
rods extant. * * The book is one of 
grea^ value, and will take its place as a 
standard authority, and we cannot com- 
mend it too highly. 

— Forest and Stream. N. Y. 



Professional as well as amateur rod 
and tackle makers will find this work 
invaluable. It contains a vast amount 
of information not to be found in any 
other work on angling. 

— Fishing Gazette. London. 

It is a book without which every sports- 
man's library is incomplete. 

— .4f)iei-ican Field, Chicago. 

The author has earned the gratitude 
of the coming generation of anglers in 
this country whose name is legion, and 
may surely indulge the hope he expresses 
at its close, that his book will add some 
impetus to the progress of that physical 
education to be derived from out-of-door 
sports. — American Angler, N. Y. 



GIBSON'S CAMP LIFE IN THE WOODS. 

Camp life in the woods ; and the tricks of trapping and trap making. Con- 
taining comprehensive hints on camp shelter, log huts, bark shanties, woodland 
beds and bedding, boat and canoe building, and valuable suggestions on trapper's 
food, &c. With extended chapters on the trapper's art, containing all the " tricks " 
and valuable bait recipes of the profession ; full directions for the use of the steel 
trap, and for the construction of traps of all kinds ; detailed instructions for the 
capture of all fur-bearing animals ; valuable recipes for the curing and tanning of 
fur skins, &c. By W. Hamilton Gibson, author of " Pastoral Days." Illustrated 
by the author. Pp 300. i2mo. Cloth, $1.00. 



A Hand-Book of Canoeing. 

The cruise of the canoe club. By 
W. L. Alden, author of " The Cruise 
of the Ghost," " Canoe and Flying 
Proa." "The Moral Pirates,'' &c. 
Illustrated. Pp. 166. i6mo, Cloth. $1.00. 

The Fishing Tourist. 

Angler's Guide and Reference Book. 
By Charlk Hallock, " Secretary of 
the B.ccmng Grove Park Association." 
Illustrated. Pp. 240. Crown 8vo, 
Cloth, I2.00. 

Any of the above works sent by mail, postage prepaid, to any part of the United States or Canada, 
on receipt of the price. Harper's Catalogne mailed, postage prepaid, on receipt of 10 cts. 

Published by HARPER & BROTHERS, New York. 



Blaikie's How to Get Strong. 

How to Get Strong and How to Stay 
So. By William Blaikie. Illustrated. 
Pp. 296. i6mo. Cloth, $1.00. 

Blaikie's Sound Bodies for Our 
Boys and Girls. 

By William Blaikie. With illustra- 
tions. Pages x , t68. i6mo, Cloth, 40 cts. 



I Go A-Fishing. 

By William C. Prime. 
Crown 8vo, Cloth, $2.50. 



Pp. 3^6. 



63 

Organizefl 1845. Charter Perpetual.' Strictly Mutual. Ko StocKliolders, 40 Years of Siiccessliil Managemeni. 

aUTOKUBENEFITLIFEINSaRANcE^a 

ATvlZI DODD, President. 

Assets, $38,61S,319.32 Safely Invested. 

The record of this Conipaiiv lor forty veare, as cxhibiterl in the followinsr (^tatenieitt showing 

LOW KXPKNSKM. LAHGE UlVIOrCNDS, AMPLK SUKPLIS, SICCES.SKUL MANAGEMENT, 

proves thiit no other Company has superior claims upon public confidence. 
Statement of Business fronn Winy, 184.5, to January, 1885 : 
RECEIPTS. I DISBURSEMENTS AND ASSETS. 

Premiums *102.26S,:306.?4 By payment on Policy Claims $41,352,S^J.15 being 30.7perct. 

Interest 32,351, !9().T0 ' - •• for Surrendered Policies, 11,014.795.35 " 8.2 " 

for Dividends 31,304,439.03 " 23.3 " 




Returned TO Policy Holders $83,672 056.53 " 63.2 
Bypaynient of Taxes and Expenses... 13,976,325.50 " 10.3 
Assets held for Reserve and Surplus, 36,971,121.51 " 27 5 



Total S1S4,619,503.54 " 100.0 



DIVIDENDS DECLARED AXNUALLY. ALL KINDS OF APPROVED POLICIES ISSCED, 



The Mutual Benefit Life Insurance Company, of Newark, N. J., has age 
and experience, having commenced business in 1845, forty years ago. 

It has size and stability, having assets of over thirtv-eight millions of dollars 

(138,615,319). 

It has returned to members in losses, dividends and surrender values over 
eighty-three millions of dollars ($83,672,056). 

Its investments have yielded sufficient returns to pay all expenses and taxes, 
and still to add to the policyholders' fund for the fulfillment of existing contracts, 
over eighteen millions of dollars ( $18,374,871 ). 

Its policy contract is plain, liberal, and easily understood in all points. It 
makes the following provisions : 

1. That in case of lapse or failure to pay a premium for any cause, the full 
value of the policy by the highest standard shall be applied to the extension of the 
full amount of the policy for such time as the value will pay for ; or, 

2. The full value will be applied to the purchase of a fully paid-up policy, on 
which no further payments are necessary. 

3. The limits of residence are liberal and are clearly defined, and do not 
admit of any misunderstanding. 

4. After the policy has been in force for three years, there is no restriction 
as to travel. 

5. After the same period there is no restriction as to occupation. 

6. After the same period the policy is incontestable for all causes except 
intentional fraud. 

7. It is the practice of the company to pay liberal surrender values whenever 
the insurer desires to surrender his policy for cash ; or, 

8 It will loan to its members one-half the value of their policies, when a 
valid assignment can be made, and its members frequently take advantage of this 
for business purposes, without jeopardizing their insurance. 

AGENTS WANTED. Call on or Address 

W. W. BYINGTON, State Agent for New Yorli and Vermont, 

31 NORTH PEARL STREET, ALBANY, N. Y. 



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